Airworthiness Directives; Agusta S.p.A. Model AB412 and AB412 EP Helicopters, 45754-45756 [E9-21116]

Download as PDF 45754 § 124.509 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations [Amended] 26. Section 124.509 is amended in paragraph (e)(1) by removing ‘‘Director, Office of Business Development’’ and adding in its place ‘‘AA/BD’’. ■ § 124.517 [Amended] 27. Section 124.517 is amended in paragraph (d)(1) by removing ‘‘Director, Office of Business Development’’ and adding in its place ‘‘AA/BD’’. ■ § 124.520 [Amended] 28. Section 124.520 is amended in paragraphs (b)(2) and (e)(2) by removing ‘‘Director, Office of Business Development’’ and adding in its place ‘‘AA/BD’’. ■ § 124.1008 [Amended] 29. Section 124.1008 is amended in paragraph (a) by removing ‘‘Associate Administrator for Government and Business Development’’ and adding in its place ‘‘Associate Administrator for Government Contracting and Business Development’’. ■ § 124.1009 [Amended] 30. Section 124.1009 is amended by removing ‘‘AA/SDBCE’’ and adding in its place ‘‘DC/SDBCE’’. ■ § 124.1013 [Amended] 31. Amend § 124.1013 as follows: a. in paragraphs (h)(1) and (2) by removing ‘‘AA/SDBCE’’ and adding in its place ‘‘DC/SDBCE’’; and ■ b. in paragraphs (h)(1) and (2) by removing ‘‘AA/GC&BD’’ each time it appears, and adding in its place ‘‘DAA/ GC&BD’’. ■ ■ PART 126—HUBZONE PROGRAM 32. The authority citation for Part 126 continues to read as follows: ■ Authority: 15 U.S.C. 632(a), 632(j), 632(p) and 657a. § 126.103 [Amended] 33. Amend Section 126.103 as follows: ■ a. by removing the definition ADA/ GC&BD and replacing with ‘‘DAA/ GC&BD means SBA’s Deputy Associate Administrator for Government Contracting and Business Development’’. ■ b. by removing the definition of ‘‘D/ BD’’ and replacing with ‘‘AA/BD means SBA’s Associate Administrator for Business Development’’. ■ c. by removing ‘‘AA/HUB’’ in the last sentence of the definition of ‘‘County unemployment rate’’ and adding in its place ‘‘D/HUB’’. ■ d. by removing ‘‘AA/HUB’’ in the last sentence of the definition of ‘‘Statewide pwalker on DSK8KYBLC1PROD with RULES ■ VerDate Nov<24>2008 16:06 Sep 03, 2009 Jkt 217001 average unemployment rate’’ and adding in its place ‘‘D/HUB’’. § 126.606 34. Section 126.606 is amended by removing ‘‘D/BD’’ and adding in its place ‘‘AA/BD’’. [Amended] [Amended] 36. Amend § 126.805 as follows: a. in paragraphs (a), (b) and (h) by removing ‘‘ADA/GC&BD’’ each time it appears, and adding in its place ‘‘AA/ GC&BD, or designee’’; and ■ b. in paragraphs (e)(1), (e)(2) and (f) by removing ‘‘AA/HUB’’ and adding in its place ‘‘D/HUB’’. ■ ■ PART 134—RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS 37. The authority citation for part 134 continues to read as follows: ■ Authority: 5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), 637(a), 648(l), 656(i), and 687(c); E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189. § 134.302 [Amended] 38. Section 134.302 is amended in paragraph (b) by removing ‘‘Director, Office of Business Development’’ and adding in its place ‘‘Associate Administrator for Business Development’’. ■ § 134.403 [Amended] 39. Section 134.403 is amended in paragraphs (a) and (b) by removing ‘‘Director, Office of Business Development’’ and adding in its place ‘‘Associate Administrator for Business Development’’. ■ § 134.406 [Amended] 40. Section 134.406 is amended in paragraph (e) by removing ‘‘Director, Office of Business Development’’ each time it appears, and adding in its place ‘‘Associate Administrator for Business Development’’. ■ Darryl Hairston, Associate Administrator, Office of Management and Administration. [FR Doc. E9–21363 Filed 9–3–09; 8:45 am] BILLING CODE 8025–01–P PO 00000 Frm 00024 Fmt 4700 14 CFR Part 39 [Docket No. FAA–2009–0804; Directorate Identifier 2008–SW–56–AD; Amendment 39– 16013; AD 2009–18–17] RIN 2120–AA64 35. Section 126.803 is amended in paragraph (d) by removing ‘‘AA/ GC&BD’’ and adding in its place ‘‘AA/ GC&BD, or designee’’. ■ § 126.805 Federal Aviation Administration [Amended] ■ § 126.803 DEPARTMENT OF TRANSPORTATION Sfmt 4700 Airworthiness Directives; Agusta S.p.A. Model AB412 and AB412 EP Helicopters AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive (AD) for the specified Agusta S.p.A. (Agusta) Model AB412 and AB412 EP helicopters. This AD results from mandatory continuing airworthiness information (MCAI) issued by the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community. The MCAI establishes a life limit for certain rescue hoist cable assemblies and introduces the term ‘‘hoist lift’’ for determining cable life instead of the term ‘‘hoist cycle.’’ The MCAI also establishes a replacement time for each affected rescue hoist cable assembly (hoist cable assembly) for which the accumulated number of ‘‘hoist cycles’’ cannot be determined. The actions are intended to prevent failure of a hoist cable and inadvertent loss of a load. DATES: This AD becomes effective on September 21, 2009. We must receive comments on this AD by November 3, 2009. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting your comments electronically. • 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 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may get the service information identified in this AD from Agusta, Via Giovanni Agusta, 520 21017 Cascina E:\FR\FM\04SER1.SGM 04SER1 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations Costa di Samarate (VA), Italy, telephone 39 0331–229111, fax 39 0331–229605/ 222595, or at https:// customersupport.agusta.com/ technical_advice.php. Examining the Docket: You may examine the AD docket on the Internet at https://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 AD, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is stated in the ADDRESSES section of this AD. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222–5122, fax (817) 222–5961. SUPPLEMENTARY INFORMATION: Discussion The EASA, which is the Technical Agent for the Member States of the European Community, has issued EASA AD No. 2008–0142–E, dated July 30, 2008, to correct an unsafe condition associated with hoist cable assemblies installed on Agusta Model AB412 and AB412 EP helicopters. The MCAI establishes a life limit for certain hoist cable assemblies and introduces the term ‘‘hoist lift’’ for determining cable life instead of the term ‘‘hoist cycle.’’ The MCAI also establishes a replacement time for each affected hoist cable assembly for which the accumulated number of ‘‘hoist cycles’’ cannot be determined. The actions are intended to prevent failure of a hoist cable assembly and inadvertent loss of a hoist load. You may obtain further information by examining the MCAI and any related service information in the AD docket. pwalker on DSK8KYBLC1PROD with RULES Related Service Information Agusta has issued Alert Bollettino Tecnico No. 412–126, dated July 28, 2008 (ABT). The actions described in the MCAI are intended to correct the same unsafe condition as that identified in the service information. FAA’s Evaluation and Unsafe Condition Determination The Agusta Model AB412 and AB412 EP 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, Italy’s VerDate Nov<24>2008 16:06 Sep 03, 2009 Jkt 217001 Technical Agent, has notified us of the unsafe condition described in the MCAI. 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 Model AB412 and AB412 EP helicopters of these same type designs. There are no products of this type currently registered in the United States. However, this rule is necessary to ensure that the described unsafe condition is addressed if any of these products are placed on the U.S. Registry in the future. Differences Between This AD and the MCAI AD We use the term ‘‘before further flight’’ rather than ‘‘before next flight. Also, we are using ‘‘before further flight’’ rather than October 31, 2008, for replacing a hoist cable assembly if you cannot determine the ‘‘hoist cycles’’ or the date of hoist cable installation. Costs of Compliance There are no costs of compliance since there are no helicopters of this type design on the U.S. Registry. FAA’s Determination of the Effective Date Since there are currently no affected U.S. registered helicopters, we have determined that notice and opportunity for prior public comment before issuing this AD are unnecessary and that good cause exists for making this amendment effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. However, we invite you to send us any written data, views, or arguments concerning this AD. Send your comments to an address listed under the ADDRESSES section of this AD. Include ‘‘Docket No. FAA–2009–0804; Directorate Identifier 2008–SW–56–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to https:// www.regulations.gov including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 45755 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 product(s) 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. Therefore, I certify this AD: 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); and 3. 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, 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 AD: ■ E:\FR\FM\04SER1.SGM 04SER1 45756 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 2009–18–17 Agusta S.p.A.: Amendment 39– 16013. Docket No. FAA–2009–0804; Directorate Identifier 2008–SW–56–AD. Effective Date (a) This airworthiness directive (AD) becomes effective on September 21, 2009. Other Affected ADs (b) None. Applicability (c) This AD applies to Model AB412 and AB412 EP helicopters, with internal hoist, part number (P/N) 214–070–300–1 (Goodrich P/N 42277–1); external hoist P/N BL–10300– 60 (Breeze Eastern) or P/N BL–20200–SERIES (Breeze Eastern), installed, certificated in any category. Reason (d) The actions are intended to prevent failure of a hoist cable and inadvertent loss of a load. Actions and Compliance (e) Required as indicated, do the following: (1) Before further flight, for rescue hoist cable assemblies, P/N 42305–179, 42277–178 (internal hoist cable assembly) and P/N BL– 6260, BL–9149–3 (external hoist cable assembly), determine the number of accumulated ‘‘hoist cycles’’ for each hoist cable assembly and add that to the number of accumulated ‘‘hoist lifts.’’ A hoist lift is defined as an unreeling and recovery of the cable with a load attached to the hook, regardless of the length of the cable that is deployed or recovered. An unreeling or recovery of the cable with no load on the hook is not considered to be a lift. (2) Before conducting the next hoist operation, replace any hoist cable assembly that has reached or exceeded 1,500 accumulated hoist lifts or 4 years from initial installation, whichever occurs first. (3) If you cannot determine the ‘‘hoist cycles’’ or the date of the hoist cable assembly installation, before further flight, replace the hoist cable assembly with an airworthy hoist cable assembly. (4) This AD revises the Airworthiness limitations section of the maintenance manual by adding a life limit of 1,500 hoist lifts or 4 years, whichever occurs first, for the affected hoist cable assemblies. pwalker on DSK8KYBLC1PROD with RULES Differences Between This AD and the MCAI AD (f) We use the term ‘‘before further flight’’ rather than ‘‘before next flight. Also, we are using ‘‘before further flight’’ rather than October 31, 2008, for replacing a hoist cable if you cannot determine the ‘‘hoist cycles’’ or the date of hoist cable assembly installation. Other Information (g) Alternative Methods of Compliance (AMOCs): The Manager, Safety Management Group, FAA, ATTN: Sharon Miles, Aerospace Engineer, Regulations and Policy Group, 2601 Meacham Blvd., Rotorcraft Directorate, Fort Worth, Texas 76137, telephone (817) 222–5122, fax (817) 222– 5961 has the authority to approve AMOCs for this AD, if requested, using the procedures found in 14 CFR 39.19. VerDate Nov<24>2008 16:06 Sep 03, 2009 Jkt 217001 Related Information (h) The European Aviation Safety Agency (EASA) MCAI Airworthiness Directive No. 2008–0142–E, dated July 30, 2008, and Agusta Alert Bollettino Tecnico No. 412–126, dated July 28, 2008, contain related information. Joint Aircraft System/Component (JASC) Code (i) JASC Code 1400: Miscellaneous Hardware. Issued in Fort Worth, Texas, on August 26, 2009. Mark R. Schilling, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E9–21116 Filed 9–3–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 902 50 CFR Part 665 [Docket No. 080206127–91246–03] RIN 0648–AS71 Fisheries in the Western Pacific; Pelagic Fisheries; Squid Jig Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; effectiveness of collection-of-information requirements. AGENCY: SUMMARY: NMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements contained in regulations implementing Amendment 15 to the Fishery Management Plan for Pelagic Fisheries of the Western Pacific Region, relating to squid jig fisheries. The intent of this final rule is to inform the public that the associated permitting and reporting requirements have been approved by OMB. DATES: This rule is effective on October 5, 2009. The amendments to 50 CFR 665.13, 665.14, 665.21, and 665.22, published at 73 FR 70600 (November 21, 2008), have been approved by OMB and are effective on October 5, 2009. ADDRESSES: Written comments regarding the burden-hour estimates or other aspects of the collection-ofinformation requirements contained in this final rule may be submitted to William L. Robinson, Administrator, NMFS Pacific Islands Region (PIR), 1601 Kapiolani Boulevard, Suite 1110, PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 Honolulu, HI 96814–4700, and to David Rostker, OMB, by e-mail to DavidlRostker@omb.eop.gov, or fax to 202–395–7285. FOR FURTHER INFORMATION CONTACT: Brett Wiedoff, Sustainable Fisheries Division, NMFS PIR, 808–944–2272. SUPPLEMENTARY INFORMATION: This Federal Register document is also accessible at www.gpoaccess.gov/fr/. A final rule for Amendment 15 was published in the Federal Register on November 21, 2008 (73 FR 70600). The requirements of that final rule, other than the collection-of-information requirements, were effective on December 22, 2008. Because OMB approval of the collection-ofinformation requirements had not been received by the date that final rule was published, the effective date of the associated permitting and reporting requirements in that rule was delayed. OMB approved the collection-ofinformation requirements contained in the final rule on August 11, 2009. Under NOAA Administrative Order 205–11, dated December 17, 1990, the Under Secretary for Oceans and Atmosphere has delegated authority to sign material for publication in the Federal Register to the Assistant Administrator for Fisheries, NOAA. Classification This final rule has been determined to be not significant for purposes of Executive Order 12866. Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act (PRA), unless that collection of information displays a currently valid OMB control number. This final rule contains new collection-of-information requirements subject to the PRA under OMB Control Number 0648–0589. The public reporting burden for these requirements is estimated to be 0.5 hr per permit applicant, with renewals requiring an additional 0.5 hr annually and approximately 10 min per vessel per fishing day to complete Federal catch reports. These estimates include time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding these burden estimates or any other aspect of this data collection, including suggestions for reducing the burden, to William L. Robinson (see ADDRESSES), or by e-mail to E:\FR\FM\04SER1.SGM 04SER1

Agencies

[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Rules and Regulations]
[Pages 45754-45756]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21116]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0804; Directorate Identifier 2008-SW-56-AD; 
Amendment 39-16013; AD 2009-18-17]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model AB412 and AB412 EP 
Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
specified Agusta S.p.A. (Agusta) Model AB412 and AB412 EP helicopters. 
This AD results from mandatory continuing airworthiness information 
(MCAI) issued by the European Aviation Safety Agency (EASA), which is 
the Technical Agent for the Member States of the European Community. 
The MCAI establishes a life limit for certain rescue hoist cable 
assemblies and introduces the term ``hoist lift'' for determining cable 
life instead of the term ``hoist cycle.'' The MCAI also establishes a 
replacement time for each affected rescue hoist cable assembly (hoist 
cable assembly) for which the accumulated number of ``hoist cycles'' 
cannot be determined. The actions are intended to prevent failure of a 
hoist cable and inadvertent loss of a load.

DATES: This AD becomes effective on September 21, 2009.
    We must receive comments on this AD by November 3, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting your 
comments electronically.
     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 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from 
Agusta, Via Giovanni Agusta, 520 21017 Cascina

[[Page 45755]]

Costa di Samarate (VA), Italy, telephone 39 0331-229111, fax 39 0331-
229605/222595, or at https://customersupport.agusta.com/technical_advice.php.
    Examining the Docket: You may examine the AD docket on the Internet 
at https://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 AD, any comments received, and 
other information. The street address for the Docket Operations office 
(telephone (800) 647-5527) is stated in the ADDRESSES section of this 
AD. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group, 
2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5122, 
fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Community, has issued EASA AD No. 2008-0142-E, dated July 30, 
2008, to correct an unsafe condition associated with hoist cable 
assemblies installed on Agusta Model AB412 and AB412 EP helicopters. 
The MCAI establishes a life limit for certain hoist cable assemblies 
and introduces the term ``hoist lift'' for determining cable life 
instead of the term ``hoist cycle.'' The MCAI also establishes a 
replacement time for each affected hoist cable assembly for which the 
accumulated number of ``hoist cycles'' cannot be determined. The 
actions are intended to prevent failure of a hoist cable assembly and 
inadvertent loss of a hoist load.
    You may obtain further information by examining the MCAI and any 
related service information in the AD docket.

Related Service Information

    Agusta has issued Alert Bollettino Tecnico No. 412-126, dated July 
28, 2008 (ABT). The actions described in the MCAI are intended to 
correct the same unsafe condition as that identified in the service 
information.

FAA's Evaluation and Unsafe Condition Determination

    The Agusta Model AB412 and AB412 EP 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, Italy's Technical Agent, has notified us of the unsafe condition 
described in the MCAI. 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 Model AB412 and AB412 EP 
helicopters of these same type designs.
    There are no products of this type currently registered in the 
United States. However, this rule is necessary to ensure that the 
described unsafe condition is addressed if any of these products are 
placed on the U.S. Registry in the future.

Differences Between This AD and the MCAI AD

    We use the term ``before further flight'' rather than ``before next 
flight. Also, we are using ``before further flight'' rather than 
October 31, 2008, for replacing a hoist cable assembly if you cannot 
determine the ``hoist cycles'' or the date of hoist cable installation.

Costs of Compliance

    There are no costs of compliance since there are no helicopters of 
this type design on the U.S. Registry.

FAA's Determination of the Effective Date

    Since there are currently no affected U.S. registered helicopters, 
we have determined that notice and opportunity for prior public comment 
before issuing this AD are unnecessary and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. However, we invite you to send us any written data, views, or 
arguments concerning this AD. Send your comments to an address listed 
under the ADDRESSES section of this AD. Include ``Docket No. FAA-2009-
0804; Directorate Identifier 2008-SW-56-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. We will 
consider all comments received by the closing date and may amend this 
AD because of those comments.
    We will post all comments we receive, without change, to https://www.regulations.gov including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 product(s) 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.
    Therefore, I certify this AD:
    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); and
    3. 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:


[[Page 45756]]


2009-18-17 Agusta S.p.A.: Amendment 39-16013. Docket No. FAA-2009-
0804; Directorate Identifier 2008-SW-56-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on 
September 21, 2009.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model AB412 and AB412 EP helicopters, 
with internal hoist, part number (P/N) 214-070-300-1 (Goodrich P/N 
42277-1); external hoist P/N BL-10300-60 (Breeze Eastern) or P/N BL-
20200-SERIES (Breeze Eastern), installed, certificated in any 
category.

Reason

    (d) The actions are intended to prevent failure of a hoist cable 
and inadvertent loss of a load.

Actions and Compliance

    (e) Required as indicated, do the following:
    (1) Before further flight, for rescue hoist cable assemblies, P/
N 42305-179, 42277-178 (internal hoist cable assembly) and P/N BL-
6260, BL-9149-3 (external hoist cable assembly), determine the 
number of accumulated ``hoist cycles'' for each hoist cable assembly 
and add that to the number of accumulated ``hoist lifts.'' A hoist 
lift is defined as an unreeling and recovery of the cable with a 
load attached to the hook, regardless of the length of the cable 
that is deployed or recovered. An unreeling or recovery of the cable 
with no load on the hook is not considered to be a lift.
    (2) Before conducting the next hoist operation, replace any 
hoist cable assembly that has reached or exceeded 1,500 accumulated 
hoist lifts or 4 years from initial installation, whichever occurs 
first.
    (3) If you cannot determine the ``hoist cycles'' or the date of 
the hoist cable assembly installation, before further flight, 
replace the hoist cable assembly with an airworthy hoist cable 
assembly.
    (4) This AD revises the Airworthiness limitations section of the 
maintenance manual by adding a life limit of 1,500 hoist lifts or 4 
years, whichever occurs first, for the affected hoist cable 
assemblies.

Differences Between This AD and the MCAI AD

    (f) We use the term ``before further flight'' rather than 
``before next flight. Also, we are using ``before further flight'' 
rather than October 31, 2008, for replacing a hoist cable if you 
cannot determine the ``hoist cycles'' or the date of hoist cable 
assembly installation.

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, FAA, ATTN: Sharon Miles, Aerospace 
Engineer, Regulations and Policy Group, 2601 Meacham Blvd., 
Rotorcraft Directorate, Fort Worth, Texas 76137, telephone (817) 
222-5122, fax (817) 222-5961 has the authority to approve AMOCs for 
this AD, if requested, using the procedures found in 14 CFR 39.19.

Related Information

    (h) The European Aviation Safety Agency (EASA) MCAI 
Airworthiness Directive No. 2008-0142-E, dated July 30, 2008, and 
Agusta Alert Bollettino Tecnico No. 412-126, dated July 28, 2008, 
contain related information.

Joint Aircraft System/Component (JASC) Code

    (i) JASC Code 1400: Miscellaneous Hardware.

    Issued in Fort Worth, Texas, on August 26, 2009.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-21116 Filed 9-3-09; 8:45 am]
BILLING CODE 4910-13-P
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