Airworthiness Directives; Agusta S.p.A. Helicopters, 15171-15173 [2016-06373]

Download as PDF 15171 Proposed Rules Federal Register Vol. 81, No. 55 Tuesday, March 22, 2016 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2015–3781; Directorate Identifier 2015–SW–048–AD] RIN 2120–AA64 Airworthiness Directives; Agusta S.p.A. Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model A109A, A109A II, A109C, A109E, A109K2, A109S and AW109SP helicopters. This proposed AD would require visually inspecting the tail rotor drive shaft assembly (drive shaft) for a crack. This proposed AD is prompted by the discovery of three cracks on the drive shaft of a Model A109S helicopter. The proposed actions are intended to detect a crack on the drive shaft to prevent failure of the driveshaft, failure of the tail rotor, and subsequent loss of helicopter control. DATES: We must receive comments on this proposed AD by May 23, 2016. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your comments electronically. • Fax: 202–493–2251. • Mail: Send comments to the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. • Hand Delivery: Deliver to the ‘‘Mail’’ address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:36 Mar 21, 2016 Jkt 238001 Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2015– 3781; 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 AgustaWestland, Product Support Engineering, Via del Gregge, 100, 21015 Lonate Pozzolo (VA) Italy, ATTN: Maurizio D’Angelo; telephone 39–0331– 664757; fax 39–0331–664680; or at http://www.agustawestland.com/ technical-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, Safety Management Group, Rotorcraft Directorate, 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 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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 aviation authority for Italy, has issued AD No. 2015–0054, dated March 27, 2015, to correct an unsafe condition for Model A109A with retrofit kit part number 109–0820–27– 101 installed, and Model A109A II, A109C, A109E, A109K2, A109LUH, A109S, and AW109SP helicopters. EASA advises that during scheduled maintenance on a Model A109S helicopter, three cracks were found on the drive shaft. An investigation could not determine the cause of the cracking but concluded it could not have been caused by fatigue. This condition, if not detected and corrected, could lead to tail rotor failure, possibly resulting in loss of helicopter control, EASA advises. EASA AD No. 2015–0054 consequently requires a one-time inspection of the drive shaft, and replacing the drive shaft if cracks are found. 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 Under 1 CFR Part 51 We reviewed AgustaWestland Bollettino Tecnico (BT) No. 109–147 for Model A109A helicopters with retrofit kit P/N 109–0820–27–101 installed, Model A109A II, and Model A109C helicopters; BT No. 109EP–143 for Model A109E helicopters; BT No. 109K– 68 for Model A109K2 helicopters; BT No. 109S–067 for Model A109S E:\FR\FM\22MRP1.SGM 22MRP1 15172 Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Proposed Rules helicopters; and BT No. 109SP–094 for Model AW109SP helicopters. All of the BTs are dated March 25, 2015. AgustaWestland reports that during a scheduled servicing of an A109S helicopter, three cracks were found on drive shaft P/N 109–8412–02–1. The BTs prescribe a one-time drive shaft inspection for cracks. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Proposed AD Requirements This proposed AD would require, within 50 hours time-in-service, visually inspecting the drive shaft for a crack and replacing the drive shaft if it is cracked. Differences Between This Proposed AD and the EASA AD The EASA AD applies to Agusta Model A109LUH helicopters. This proposed AD would not because that model does not have an FAA type certificate. Interim Action We consider this proposed AD to be an interim action. The design approval holder has not determined the cause of the unsafe condition identified in this proposed AD. If a cause is determined and actions developed to address the cause, we might consider additional rulemaking. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Costs of Compliance We estimate that this proposed AD would affect 142 helicopters of U.S. Registry and that labor costs average $85 per work-hour. Based on these estimates, we expect the following costs: • Inspecting the drive shaft would require 9 work-hours and no parts. The estimated cost would be $765 per helicopter and $108,630 for the U.S. fleet. • Replacing the drive shaft would not require additional labor hours. Parts would cost $6,082 per helicopter. According to 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: VerDate Sep<11>2014 17:36 Mar 21, 2016 Jkt 238001 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. PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ Agusta S.p.A.: Docket No. FAA–2015–3781; Directorate Identifier 2015–SW–048–AD. (a) Applicability This AD applies to Agusta S.p.A. Model A109A, A109A II, A109C, A109E, A109K2, A109S, and AW109SP helicopters with a tail rotor drive shaft assembly (drive shaft), part number 109–8412–02–1 or 109–8412–02–3, installed, certificated in any category. (b) Unsafe Condition This AD defines the unsafe condition as a crack in a drive shaft. This condition could result in failure of a drive shaft, failure of the tail rotor, and subsequent loss of helicopter control. (c) Comments Due Date We must receive comments by May 23, 2016. (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 Within 50 hours time-in-service: (1) Visually inspect each drive shaft in accordance with the Compliance Instructions, paragraph 4, of AgustaWestland Bollettino Tecnico (BT) No. 109–147, dated March 25, 2015; BT No. 109EP–143, dated March 25, 2015; BT No. 109K–68, dated March 25, 2015; BT No. 109S–067, dated March 25, 2015; or BT No. 109SP–094, dated March 25, 2015, as applicable for your model helicopter. (2) If there is a crack, replace the drive shaft before further flight. (f) Alternative Methods of Compliance (AMOCs) (1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Martin R. Crane, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222–5110; email 9-ASWFTW-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 The subject of this AD is addressed in European Aviation Safety Agency (EASA) AD No. 2015–0054, dated March 27, 2015. You may view the EASA AD on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA–2015– 3781. E:\FR\FM\22MRP1.SGM 22MRP1 Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Proposed Rules (h) Subject Joint Aircraft Service Component (JASC) Code: 6510, Tail Rotor Drive Shaft. Issued in Fort Worth, Texas, on March 15, 2016. Scott A. Horn, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2016–06373 Filed 3–21–16; 8:45 am] BILLING CODE 4910–13–P Dated: March 17, 2016. Dennis M. Keefe, Director, Office of Food Additive Safety, Center for Food Safety and Applied Nutrition. [FR Doc. 2016–06397 Filed 3–21–16; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration DEPARTMENT OF HEALTH AND HUMAN SERVICES 21 CFR Parts 878, 880, and 895 Food and Drug Administration RIN 0910–AH02 21 CFR Parts 73 and 74 Banned Devices; Proposal To Ban Powdered Surgeon’s Gloves, Powdered Patient Examination Gloves, and Absorbable Powder for Lubricating a Surgeon’s Glove [Docket No. FDA–2015–N–5017] [Docket No. FDA–2016–F–0821] Milton W. Chu, M.D.; Filing of Color Additive Petition AGENCY: Food and Drug Administration, HHS. ACTION: The Food and Drug Administration (FDA or we) is announcing that we have filed a petition, submitted by Milton W. Chu, M.D., proposing that the color additive regulations be amended to provide for the safe use of titanium dioxide and [phthalocyaninato (2-)] copper as orientation marks for intraocular lenses. DATES: The color additive petition was filed on February 19, 2016. FOR FURTHER INFORMATION CONTACT: Laura Dye, Center for Food Safety and Applied Nutrition (HFS–265), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740–3835, 240–402–1275. SUPPLEMENTARY INFORMATION: Under section 721(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379e(d)(1)), we are giving notice that we have filed a color additive petition (CAP 6C0305), submitted by Milton W. Chu, M.D., 5800 Santa Rosa Rd., Suite 111, Camarillo, CA 93012. The petition proposes to amend the color additive regulations in § 73.3126 Titanium dioxide (21 CFR 73.3126) and § 74.3045 [Phthalocyaninato (2-)] copper (21 CFR 74.3045) to provide for the safe use of titanium dioxide and [phthalocyaninato (2-)] copper as orientation marks for intraocular lenses. We have determined under 21 CFR 25.32(l) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS SUMMARY: 17:36 Mar 21, 2016 Jkt 238001 Food and Drug Administration, HHS. ACTION: Notice of petition. VerDate Sep<11>2014 AGENCY: Proposed rule. The Food and Drug Administration (FDA or Agency) has determined that Powdered Surgeon’s Gloves, Powdered Patient Examination Gloves, and Absorbable Powder for Lubricating a Surgeon’s Glove present an unreasonable and substantial risk of illness or injury and that the risk cannot be corrected or eliminated by labeling or a change in labeling. Consequently, FDA is proposing these devices be banned. DATES: Submit either electronic or written comments by June 20, 2016. ADDRESSES: You may submit comments as follows: SUMMARY: Electronic Submissions Submit electronic comments in the following way: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http:// www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else’s Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov. • If you want to submit a comment with confidential information that you PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 15173 do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see ‘‘Written/Paper Submissions’’ and ‘‘Instructions’’). Written/Paper Submissions Submit written/paper submissions as follows: • Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in ‘‘Instructions.’’ Instructions: All submissions received must include the Docket No. FDA– 2015–N–5017 for ‘‘Banned Devices; Proposal to Ban Powdered Surgeon’s Gloves, Powdered Patient Examination Gloves, and Absorbable Powder for Lubricating a Surgeon’s Glove.’’ Received comments will be placed in the docket and, except for those submitted as ‘‘Confidential Submissions,’’ publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states ‘‘THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.’’ The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on http://www.regulations.gov. Submit both copies to the Division of Dockets Management. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as ‘‘confidential.’’ Any information marked as ‘‘confidential’’ will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA’s posting of E:\FR\FM\22MRP1.SGM 22MRP1

Agencies

[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Proposed Rules]
[Pages 15171-15173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06373]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / 
Proposed Rules

[[Page 15171]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3781; Directorate Identifier 2015-SW-048-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 A109A, A109A II, A109C, A109E, A109K2, 
A109S and AW109SP helicopters. This proposed AD would require visually 
inspecting the tail rotor drive shaft assembly (drive shaft) for a 
crack. This proposed AD is prompted by the discovery of three cracks on 
the drive shaft of a Model A109S helicopter. The proposed actions are 
intended to detect a crack on the drive shaft to prevent failure of the 
driveshaft, failure of the tail rotor, and subsequent loss of 
helicopter control.

DATES: We must receive comments on this proposed AD by May 23, 2016.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3781; 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 
AgustaWestland, Product Support Engineering, Via del Gregge, 100, 21015 
Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; telephone 39-0331-
664757; fax 39-0331-664680; or at http://www.agustawestland.com/technical-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, Safety Management Group, Rotorcraft Directorate, 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 aviation authority for Italy, has issued AD No. 
2015-0054, dated March 27, 2015, to correct an unsafe condition for 
Model A109A with retrofit kit part number 109-0820-27-101 installed, 
and Model A109A II, A109C, A109E, A109K2, A109LUH, A109S, and AW109SP 
helicopters.
    EASA advises that during scheduled maintenance on a Model A109S 
helicopter, three cracks were found on the drive shaft. An 
investigation could not determine the cause of the cracking but 
concluded it could not have been caused by fatigue. This condition, if 
not detected and corrected, could lead to tail rotor failure, possibly 
resulting in loss of helicopter control, EASA advises. EASA AD No. 
2015-0054 consequently requires a one-time inspection of the drive 
shaft, and replacing the drive shaft if cracks are found.

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 Under 1 CFR Part 51

    We reviewed AgustaWestland Bollettino Tecnico (BT) No. 109-147 for 
Model A109A helicopters with retrofit kit P/N 109-0820-27-101 
installed, Model A109A II, and Model A109C helicopters; BT No. 109EP-
143 for Model A109E helicopters; BT No. 109K-68 for Model A109K2 
helicopters; BT No. 109S-067 for Model A109S

[[Page 15172]]

helicopters; and BT No. 109SP-094 for Model AW109SP helicopters. All of 
the BTs are dated March 25, 2015. AgustaWestland reports that during a 
scheduled servicing of an A109S helicopter, three cracks were found on 
drive shaft P/N 109-8412-02-1. The BTs prescribe a one-time drive shaft 
inspection for cracks.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Proposed AD Requirements

    This proposed AD would require, within 50 hours time-in-service, 
visually inspecting the drive shaft for a crack and replacing the drive 
shaft if it is cracked.

Differences Between This Proposed AD and the EASA AD

    The EASA AD applies to Agusta Model A109LUH helicopters. This 
proposed AD would not because that model does not have an FAA type 
certificate.

Interim Action

    We consider this proposed AD to be an interim action. The design 
approval holder has not determined the cause of the unsafe condition 
identified in this proposed AD. If a cause is determined and actions 
developed to address the cause, we might consider additional 
rulemaking.

Costs of Compliance

    We estimate that this proposed AD would affect 142 helicopters of 
U.S. Registry and that labor costs average $85 per work-hour. Based on 
these estimates, we expect the following costs:
     Inspecting the drive shaft would require 9 work-hours and 
no parts. The estimated cost would be $765 per helicopter and $108,630 
for the U.S. fleet.
     Replacing the drive shaft would not require additional 
labor hours. Parts would cost $6,082 per helicopter.
    According to 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.
    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

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 airworthiness 
directive (AD):

Agusta S.p.A.: Docket No. FAA-2015-3781; Directorate Identifier 
2015-SW-048-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. Model A109A, A109A II, A109C, 
A109E, A109K2, A109S, and AW109SP helicopters with a tail rotor 
drive shaft assembly (drive shaft), part number 109-8412-02-1 or 
109-8412-02-3, installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a drive 
shaft. This condition could result in failure of a drive shaft, 
failure of the tail rotor, and subsequent loss of helicopter 
control.

(c) Comments Due Date

    We must receive comments by May 23, 2016.

(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

    Within 50 hours time-in-service:
    (1) Visually inspect each drive shaft in accordance with the 
Compliance Instructions, paragraph 4, of AgustaWestland Bollettino 
Tecnico (BT) No. 109-147, dated March 25, 2015; BT No. 109EP-143, 
dated March 25, 2015; BT No. 109K-68, dated March 25, 2015; BT No. 
109S-067, dated March 25, 2015; or BT No. 109SP-094, dated March 25, 
2015, as applicable for your model helicopter.
    (2) If there is a crack, replace the drive shaft before further 
flight.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Martin R. Crane, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 
10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; 
email 9-ASW-FTW-AMOC-Requests@faa.gov.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office before operating any aircraft 
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD No. 2015-0054, dated March 27, 2015. You may view 
the EASA AD on the Internet at http://www.regulations.gov by 
searching for and locating it in Docket No. FAA-2015-3781.

[[Page 15173]]

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6510, Tail Rotor 
Drive Shaft.

    Issued in Fort Worth, Texas, on March 15, 2016.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-06373 Filed 3-21-16; 8:45 am]
BILLING CODE 4910-13-P