2926 Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Proposed Rules 

5The definition of ‘‘radioactive waste’’ in this 

Branch Technical Position paper pertains solely to 

export and import. It does not affect or alter the 

domestic regulations of ‘‘waste’’ as defined in 10 

CFR 20.1003. 

The NRC recognizes that in some 

circumstances it may not be feasible for 

the importer to determine the country of 

origin for disused sources it seeks to 

exchange prior to import. If, after a good 

faith effort the U.S. manufacturer, 

distributor, or other entity cannot 

determine whether an imported disused 

source that has been exchanged for a 

new source is of U.S. origin without 

exposing personnel to additional doses, 

the source in question shall be deemed 

to be of U.S. origin for the purposes of 

the sealed source exclusion to the 

definition of ‘‘radioactive waste’’ in 10 

CFR 110.2.5 This application of the 

sealed source exclusion is limited to 

disused sources imported into the U.S. 

that have been exchanged for a new 

source in a foreign country on a ‘‘onefor-one’’ basis. Accordingly, it is the 

NRC’s expectation that the number of 

disused sources imported by the 

manufacturer or distributor into the U.S. 

must not be greater than the number of 

new or refurbished sources exported by 

that manufacturer or distributor. 

The NRC believes that this 

application of the sealed source 

exclusion reasonably balances the 

interests of public health and safety and 

international policy interests in 

responsible handling of sources at the 

end of their useful life. The approach 

preserves the fundamental policy 

rationale underlying the original 

exclusion—to prevent sources from 

being dispersed in unregulated locations 

around the world by facilitating a ‘‘onefor one’’ exchange of U.S.-supplied new 

and disused sources—while avoiding 

additional and unnecessary radiation 

exposure to workers consistent with the 

‘‘as low as reasonably achievable’’ 

(ALARA) requirement in 10 CFR 

20.1101(b). 

The NRC expects U.S. manufacturers, 

distributors, and suppliers to inform 

their customers about U.S. import 

licensing requirements for disused 

sources. It is recommended that U.S. 

importers retain copies of their 

communications with their foreign 

customers regarding U.S. import 

requirements. The U.S. importer at all 

times must comply with the specific 

license requirement for disused sources 

known to be of non-U.S. origin prior to 

import into the U.S. A good faith effort 

by the importer may include 

communication of U.S. import 

requirements with its foreign customers, 

examination of a photograph of the 

source the customer seeks to exchange, 

and other relevant information related 

to the disused sources’ origin. 

Consistent with 10 CFR 110.53, the 

NRC may inspect export and import 

records to ensure that licensees 

understand the NRC’s application of 

‘‘U.S. origin’’ and that the company is 

making an effort to amend its business 

practices to try to determine source 

origin (from user paperwork and 

communication) before an import 

occurs. 

This position is being distributed to 

all Agreement States and applicable 

NRC material licensees. 

Additionally, the NRC has 

coordinated this position with the 

Department of Energy/National Nuclear 

Safety Administration’s (DOE/NNSA) 

Global Threat Reduction Initiative 

(GTRI). One of GTRI’s programs 

repatriates sources from around the 

world that are in unsafe or insecure 

locations. The NRC does not have 

import licensing jurisdiction when U.S. 

companies import disused sources on 

behalf of NNSA’s GTRI program; 

therefore, the licensing requirements in 

10 CFR part 110 would not apply to 

such imports. 

Implementation 

This technical position reflects the 

current NRC staff position on acceptable 

use of the general license for import of 

disused radioactive sources. Therefore, 

except in those cases in which the 

source manufacturer or distributor 

proposes an acceptable alternative 

method for complying with the 

definition of ‘‘radioactive waste’’ in 10 

CFR 110.2, the guidance described 

herein will be used in the evaluation of 

the use of the general import license for 

disused sources. 

III. Procedural Requirements 

Paperwork Reduction Act 

This proposed policy statement does 

not contain new or amended 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501 et seq.). Existing 

requirements were approved by the 

Office of Management and Budget, 

approval number 3150–0136. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid OMB control 

number. 

Congressional Review Act 

In accordance with the Congressional 

Review Act (5 U.S.C. 801–808), the NRC 

has determined that this action is not a 

major rule and has verified this 

determination with the Office of 

Information and Regulatory Affairs of 

OMB. 

Dated at Rockville, Maryland, this 17th day 

of January 2012. 

For the Nuclear Regulatory Commission. 

Margaret M. Doane, 

Director, Office of International Programs. 

[FR Doc. 2012–1209 Filed 1–19–12; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0013; Directorate 

Identifier 2010–SW–043–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 Agusta 

S.p.A. (Agusta) Model AB139 and 

AW139 helicopters with a certain 

generator control unit (GCU). This 

proposed AD was prompted by 

laboratory tests which revealed a 

potential fault in the overvoltage 

protection on a certain part-numbered 

GCU. This proposed AD would require 

replacing each affected GCU with an 

airworthy GCU. In addition, any 

affected GCU is not approved for 

installation on any helicopter. We are 

proposing this AD to prevent failure of 

the overvoltage protection of the GCU, 

degraded performance of the electrical 

power generation and distribution 

systems, a fire, and subsequent loss of 

control of the helicopter. 

DATES: We must receive comments on 

this proposed AD by March 20, 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 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Proposed Rules 2927 

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: 

Mark Wiley, Aerospace Engineer, FAA, 

Regulations and Policy Group, 

Rotorcraft Directorate, 2601 Meacham 

Blvd., Fort Worth, Texas 76137; 

telephone: (817) 222–5134; fax: (817) 

222–5961; email: mark.wiley@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. 2009–0042, 

dated February 25, 2009 (AD–2009– 

0042) to correct an unsafe condition for 

the Agusta Model AB139 and AW139 

helicopters, all serial numbers (S/Ns) 

except S/Ns 31002, 31003, 31004, and 

31007. EASA advises that laboratory 

tests performed on a new GCU model 

under development have shown a 

potential fault in the overvoltage 

protection of currently installed GCUs, 

part number (P/N) 1152550–3. EASA 

advises that this condition, if not 

corrected, could adversely affect the 

helicopter’s electrical power generation 

and distribution system functionalities. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all known relevant 

information and determined that an 

unsafe condition exists and is likely to 

exist or develop on other helicopters of 

these same type designs. 

Related Service Information 

Agusta S.p.A. issued Mandatory 

Bollettino Tecnico No. 139–133, 

Revision A, dated March 17, 2009 (BT), 

for Model AB139 and AW139 

helicopters, S/Ns 31005 up to S/N 

31143, except for S/Ns 31007, 31037, 

31038, 31094; S/N 31112; S/Ns 31146 

up to S/N 31148; S/N 31155; S/Ns 

31201 up to S/N 31218; and S/Ns 41001 

up to S/N 41022, except S/N 41007; 

with a GCU, P/N 1152550–3. This BT 

specifies, within 6 months from receipt 

of the BT, removing GCU, P/N 1152550– 

3, modifying electrical connector A13P1 

and A14P1, and replacing each GCU 

with an airworthy GCU, P/N 1152550– 

4 or 1152550–5, to improve electrical 

power generation and distribution 

system functionalities. EASA classified 

this BT as mandatory and issued AD 

2009–0048 to ensure the continued 

airworthiness of these helicopters. 

Proposed AD Requirements 

This proposed AD would require, 

within 6 months, removing the No. 1 

and No.2 GCU, P/N 1152550–3, 

modifying the electrical connectors 

A13P1 and A14P1 by installing wiring 

to the power distribution panel, and 

installing a No. 1 and No. 2 GCU with 

P/N 1152550–4 or 1152550–5. Both 

GCUs must have identical P/Ns on the 

same helicopter. 

Differences Between This Proposed AD 

and the EASA AD 

The EASA AD does not apply to 

certain serial-numbered Model AB139 

and AW139 helicopters, and this 

proposed AD applies to all serialnumbered Model AB139 and AW139 

helicopters. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 72 helicopters of U.S. 

Registry. We estimate that operators 

may incur the following costs in order 

to comply with this AD. We estimate 

that it would take about 4 work hours 

per helicopter at an average labor rate of 

$85 per work hour. Required parts 

would cost about $42,384 per 

helicopter. Based on these figures, we 

estimate the total cost impact of the 

proposed AD for the U.S. operator fleet 

to be $3,076,128. 

According to the Agusta service 

information some of the costs of this 

proposed 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 

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. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
2928 Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Proposed Rules 

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 AD: 

Agusta S.P.A. Helicopters (Agusta): Docket 

No. FAA–2012–0013; Directorate 

Identifier 2010–SW–043–AD. 

(a) Applicability 

This AD applies to Agusta Model AB139 

and AW139 helicopters, with a generator 

control unit (GCU), part-number (P/N) 

1152550–3 installed; certificated in any 

category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

potential fault in the overvoltage protection 

in GCUs currently installed on Model AB139 

and AW139 helicopters. We are proposing 

this AD to prevent failure of the overvoltage 

protection of the GCU, degraded performance 

of the electrical power generation and 

distribution systems, or fire, and 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) Requirements 

(1) Remove the No. 1 and No. 2 GCU, 

P/N 1152550–3. Do not install GCU, 

P/N 1152550–3, on any helicopter. 

(2) Modify the electrical connector A13P1 

(GCU #1) and A14P1 (GCU #2) by installing 

the wiring to the power distribution panel 

(PDP) for your serial-numbered helicopter as 

depicted in Figure 1 of Agusta Bollettino 

Tecnico No. 139–133, Revision A, dated 

March 17, 2009. 

(3) Using either GCU P/N 1152550–4 or 

GCU P/N 1152550–5, install a No. 1 and No. 

2 GCU that has the same part number. Having 

different part-numbered GCUs on the same 

helicopter is not approved. 

(e) Alternative Methods of Compliance 

(AMOC) 

(1) The Manager, Safety Management 

Group, Rotorcraft Directorate, 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. 

(2) For operations conducted under a Part 

119 operating certificate or under 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 

The subject of this AD is addressed in 

European Aviation Safety Agency (Italy) AD 

2009–0042, dated February 25, 2009. 

(g) Subject 

Joint Aircraft Service Component (JASC) 

Code: 2430 DC generating system. 

Issued in Fort Worth, Texas, on January 5, 

2012. 

Lance T. Gant, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–1121 Filed 1–19–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0033; Directorate 

Identifier 2011–NM–086–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Airbus Model A310 series airplanes. 

This proposed AD was prompted by a 

report of an electrical arc and hydraulic 

haze in the wheel bay of the left-hand 

main landing gear (MLG) possibly 

resulting from chafing between the 

hydraulic high pressure hose and 

electrical wiring of the green electrical 

motor pump (EMP). This proposed AD 

would require prohibiting in-flight use 

of the green EMPs; revising the airplane 

flight manual (AFM) limitations section; 

installing a placard in the cockpit 

overhead panel; doing a one-time 

general visual inspection for correct 

condition and installation of hydraulic 

pressure hoses, electrical conduits, 

feeder cables, and associated clamping 

devices; and corrective action if 

necessary. We are proposing this AD to 

detect and correct chafing of hydraulic 

pressure hoses and electrical wiring of 

the green EMPs, which in combination 

with a system failure, could cause an 

uncontrolled and undetected fire in the 

MLG bay. 

DATES: We must receive comments on 

this proposed AD by March 5, 2012. 

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, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Airbus SAS— 

EAW (Airworthiness Office), 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. You 

may review copies of the referenced 

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. 

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 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS