Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Proposed Rules 50849 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 5600, Window/Windshield System. 

Issued in Fort Worth, Texas, on October 17, 

2017. 

James A. Grigg, 

Acting Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2017–23199 Filed 11–1–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2017–1010; Product 

Identifier 2016–SW–089–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 AW189 

helicopters. This proposed AD would 

require inspecting and altering the 

emergency flotation system (EFS). This 

proposed AD is prompted by a report of 

punctured EFS kits. The actions of this 

proposed AD are intended to prevent an 

unsafe condition on these helicopters. 

DATES: We must receive comments on 

this proposed AD by January 2, 2018. 

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–2017– 

1010; 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 

European Aviation Safety Agency 

(EASA) 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 rule, contact Leonardo 

S.p.A. Helicopters, Matteo Ragazzi, 

Head of Airworthiness, Viale G.Agusta 

520, 21017 C.Costa di Samarate (Va) 

Italy; telephone +39–0331–711756; fax 

+39–0331–229046; or at http://

www.leonardocompany.com/-/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. 

FOR FURTHER INFORMATION CONTACT: 

Martin R. Crane, Aviation Safety 

Engineer, Regulations and Policy 

Section, Rotorcraft Standards Branch, 

FAA, 10101 Hillwood Pkwy, Fort 

Worth, TX 76177; telephone (817) 222– 

5110; email martin.r.crane@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 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD No. 2016– 

0263–E, dated December 24, 2016 (AD 

2016–0263–E), to correct an unsafe 

condition for Leonardo S.p.A. 

Helicopters (previously Agusta) Model 

AW189 helicopters. EASA advises that 

during the first scheduled maintenance 

of an EFS kit, float bags were found 

punctured. According to EASA, an 

investigation revealed the damage was 

caused by protruding parts of the 

pressure relief/topping valves that were 

not adequately protected. EASA further 

states that this condition could result in 

a partial loss of buoyancy of the EFS 

float bags, possibly resulting in injury to 

the helicopter’s occupants in a ditching 

event. To prevent this unsafe condition, 

EASA AD 2016–0263–E requires a onetime inspection of the EFS, repair of any 

discrepancies found, replacing the 

pressure relief/topping valve O-ring 

with a gasket, and replacing the inflate/ 

deflate protection with a new design 

inflate/deflate protection. 

The FAA is in the process of updating 

Agusta’s name change to Leonardo 

Helicopters on its type certificate. 

Because this name change is not yet 

effective, this proposed AD specifies 

Agusta. 

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 its 

AD. We are proposing this AD because 

we evaluated all known relevant 

information and determined that an 

unsafe condition is likely to exist or 

develop on other products of the same 

type design. 

Related Service Information 

We reviewed Leonardo S.p.A. 

Bollettino Tecnico No. 189–135, dated 

December 20, 2016 (BT 189–135), and 

Aero Sekur Service Bulletin No. SB– 

189–25–003, dated November 30, 2016 

(SB–189–25–003), which is attached to 

BT 189–135 as Annex 1. BT 189–135 

specifies following the procedures in 

SB–189–25–003 to inspect and modify 

certain EFS kits installed on AW189 

helicopters. 

Proposed AD Requirements 

This proposed AD would require, 

within 120 hours time-in-service (TIS), 

inspecting each float bag for punctures, 

replacing the pressure relief/topping 

(PRT) valve O-ring part number (P/N) P– 

G10025 with a PRT valve gasket P/N 

316683A, and replacing the inflate/ 

deflate protection P/N 304694A with 

inflate/deflate protection P/N 304694B. 


nlaroche on DSK9F9SC42PROD with PROPOSALS
50850 Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Proposed Rules 

If there are any cuts, tears, punctures, or 

abrasion on a float bag, the proposed AD 

would require repairing the float bag 

before further flight. 

Differences Between This Proposed AD 

and the EASA AD 

The EASA AD requires compliance 

within 15 hours TIS or 10 days for 

helicopters flying overwater above sea 

state 4 or within 120 hours or 60 days 

for helicopters operating overwater up 

to sea state 4. The proposed AD would 

require compliance within 120 hours 

TIS regardless of sea state conditions. 

Costs of Compliance 

We estimate that this proposed AD 

would affect two helicopters of U.S. 

Registry. We estimate that operators 

may incur the following costs in order 

to comply with this AD. Inspecting each 

float bag, replacing the PRT valve 

gasket, and replacing the inflate/deflate 

protection would require about 40 workhours, and required parts would cost 

about $500, for a cost per helicopter of 

$3,900 and a total cost of $7,800 for the 

U.S. fleet. If required, repairing a float 

bag would require about 2 work-hours, 

and required parts would cost $90, for 

a cost per float bag of $260. 

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– 

2017–1010; Product Identifier 2016–SW– 

089–AD. 

(a) Applicability 

This AD applies to Agusta S.p.A. (Agusta) 

Model AW189 helicopters, certificated in any 

category, with an emergency float system 

(EFS) float assembly part number (P/N) 

8G9560V00131, serial number (S/N) 066 or 

lower; P/N 8G9560V00231, S/N 068 or lower; 

P/N 8G9560V00331, S/N 068 or lower; or 

P/N 8G9560V00431, S/N 067 or lower, 

installed. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

punctured EFS float bag. This condition 

could result in loss of buoyancy of an EFS 

float bag being used in an emergency water 

ditching and subsequent injury to helicopter 

occupants. 

(c) Comments Due Date 

We must receive comments by January 2, 

2018. 

(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 

(1) Within 120 hours time-in-service: 

(i) Unfold and inspect each float bag 

assembly for any cuts, tears, punctures, or 

abrasion. If there is a cut, tear, puncture, or 

any abrasion, before further flight, repair the 

float bag assembly. 

(ii) Replace each O-ring P/N S–B10104 

with a pressure relief/topping (PRT) valve 

gasket P/N 316683A. 

(iii) Install each PRT valve P/N P–G10025 

and apply a torque of 4.5 to 5.5 Nm (39.8 to 

48.6 inch-pounds). 

(iv) Replace each inflate/deflate protection 

P/N 304694A with a PRT valve protection 

P/N 304694B. 

(iv) Install a piece of tape approximately 

220 millimeters long over each PRT valve 

protection P/N 304694B. 

(2) After the effective date of this AD, do 

not install an EFS float assembly P/N 

8G9560V00131, S/N 066 or lower; P/N 

8G9560V00231, S/N 068 or lower; P/N 

8G9560V00331, S/N 068 or lower; or P/N 

8G9560V00431, S/N 067 or lower on any 

helicopter unless you have complied with 

the actions in paragraph (e)(1) of this AD. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Section, FAA, may approve AMOCs for this 

AD. Send your proposal to: Martin R. Crane, 

Aviation Safety Engineer, Regulations and 

Policy Section, Rotorcraft Standards Branch, 

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. 

(g) Additional Information 

(1) Leonardo S.p.A. Bollettino Tecnico No. 

189–135, dated December 20, 2016, and Aero 

Sekur Service Bulletin No. SB–189–25–003, 

dated November 30, 2016, which are not 

incorporated by reference, contain additional 

information about the subject of this AD. For 

service information identified in this AD, 

contact Leonardo S.p.A. Helicopters, Matteo 

Ragazzi, Head of Airworthiness, Viale 

G.Agusta 520, 21017 C.Costa di Samarate 

(Va) Italy; telephone +39–0331–711756; fax 

+39–0331–229046; or at http://

www.leonardocompany.com/-/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. 

(2) The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2016–0263–E, dated December 24, 2016. 

You may view the EASA AD on the Internet 

at http://www.regulations.gov in the AD 

Docket. 


nlaroche on DSK9F9SC42PROD with PROPOSALS
Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Proposed Rules 50851 

1 ‘‘Clean Data Policy for the Fine Particle National 

Ambient Air Quality Standards,’’ Memorandum 

from Stephen D. Page, December 14, 2004. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 3212 Emergency Flotation Section. 

Issued in Fort Worth, Texas, on October 16, 

2017. 

James A. Grigg, 

Acting Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2017–23200 Filed 11–1–17; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0479; FRL–9968–42– 

Region 3] 

Air Quality Plans; Pennsylvania; 

Lebanon County 2012 Fine Particulate 

Matter Standard Determination of 

Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to determine 

that the Lebanon County, Pennsylvania 

nonattainment area (the Lebanon 

County Area) has attained the 2012 

annual fine particulate matter (PM2.5) 

national ambient air quality standards 

(NAAQS). This proposed determination 

of attainment, also known as a clean 

data determination, is based on quality 

assured and certified ambient air quality 

data for the 2014–2016 monitoring 

period. If finalized, the effect of this 

determination of attainment would be to 

suspend certain planning requirements 

for the area, including the requirement 

to submit an attainment demonstration 

and associated reasonably available 

control measures (RACM), a reasonable 

further progress (RFP) plan, and 

contingency measures. These 

requirements would be suspended for as 

long as the area continues to meet the 

2012 annual PM2.5 NAAQS. However, 

this proposed action is not a 

redesignation to attainment for the area. 

This action is being taken under the 

Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before December 4, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2017–0479 at http://

www.regulations.gov, or via email to 

stahl.cynthia@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the Web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Pino, (215) 814–2181, or by 

email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 14, 2012, EPA 

promulgated a revised primary annual 

PM2.5 NAAQS to provide increased 

protection of public health from fine 

particle pollution (the 2012 PM2.5

NAAQS). See 78 FR 3086 (January 15, 

2013). In that action, EPA strengthened 

the primary annual PM2.5 standard, 

lowering the level from 15.0 micrograms 

per cubic meter (mg/m3) to 12.0 mg/m3. 

The 2012 PM2.5 NAAQS is attained 

when the 3-year average of the annual 

arithmetic means does not exceed 12.0 

mg/m3. See 40 CFR 50.18. On December 

18, 2014 (80 FR 2206), EPA made 

designation determinations, as required 

by CAA section 107(d)(1), for the 2012 

PM2.5 NAAQS. In that action, EPA 

designated the Lebanon County Area as 

moderate nonattainment for the 2012 

annual PM2.5 NAAQS. See 40 CFR 

81.339. 

Under EPA’s longstanding Clean Data 

Policy,1 which was codified in EPA’s 

Clean Air Fine Particulate 

Implementation Rule (72 FR 20586, 

April 25, 2007), EPA may issue a 

determination of attainment after notice 

and comment rulemaking determining 

that a specific area is attaining the 

relevant standard. See 40 CFR 51.1004. 

The effect of a clean data determination 

is to suspend the requirement for the 

area to submit an attainment 

demonstration, RACM, RFP plan, 

contingency measures, and any other 

planning State Implementation Plans 

(SIPs) related to attainment for as long 

as the area continues to attain the 

standard. 

In EPA’s Fine Particulate Matter 

National Ambient Air Quality 

Standards: State Implementation Plan 

Requirements (81 FR 58010, August 24, 

2016), EPA reaffirmed the Clean Data 

Policy at 40 CFR 51.1015. The rule 

states that, upon a determination by 

EPA that a moderate PM2.5

nonattainment area has attained the 

PM2.5 NAAQS, the requirements for the 

state to submit an attainment 

demonstration, RACM (including 

reasonably available control technology 

(RACT) for stationary sources), RFP, 

quantitative milestones and quantitative 

milestone reports, and contingency 

measures for the area shall be 

suspended until such time as: (1) The 

area is redesignated to attainment, after 

which such requirements are 

permanently discharged; or, (2) EPA 

determines that the area has re-violated 

the PM2.5 NAAQS, at which time the 

state shall submit such attainment plan 

elements for the moderate 

nonattainment area by a future date to 

be determined by EPA and announced 

through publication in the Federal 

Register at the time EPA determines the 

area is violating the PM2.5 NAAQS. See 

40 CFR 51.1015. 

II. EPA’s Evaluation 

Under EPA regulations at 40 CFR part 

50, § 50.18 and appendix N, the annual 

primary PM2.5 standard is met when the 

3-year average of PM2.5 annual mean 

mass concentrations for each eligible 

monitoring site is less than or equal to 

12 mg/m3. Three years of valid annual 

means are required to produce a valid 

annual PM2.5 NAAQS design value. A 

year meets data completeness 

requirements when quarterly data 

capture rates for all four quarters are at 

least 75 percent (%) from eligible 

monitoring sites. See 40 CFR part 50, 

appendix N. 

By letter dated May 17, 2017, 

Pennsylvania certified its 2016 ambient 

air quality monitoring data. EPA issued 

final 2014–2016 design values on July 

27, 2017. There is one PM2.5 monitor in 

the Lebanon County Area. Table 1 

shows the Lebanon County Area design 

value for the 2012 annual PM2.5 NAAQS 

for the years 2014–2016 at the Lebanon 

County monitor. 

Consistent with the requirements 

contained in 40 CFR part 50, EPA has 

reviewed the PM2.5 ambient air quality 

monitoring data for the 2014–2016 


nlaroche on DSK9F9SC42PROD with PROPOSALS