[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Rules and Regulations]
[Pages 52563-52565]
[FR Doc No: 2011-21461]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0194]
RIN 1625-AA08

Special Local Regulations; Sabine River, Orange, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final rule.

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SUMMARY: The Coast Guard is establishing a temporary Special Local
Regulation on the Sabine River within the Port Arthur, TX Captain of
the Port Zone. This Special Local Regulation is intended to restrict
vessels from portions of the Sabine River during the annual S.P.O.R.T
boat races. This Special Local Regulations is necessary to protect
spectators and vessels from the hazards associated with powerboat
races.

DATES: This rule is effective from 8 a.m. on September 24, 2011 to 6
p.m. on September 25, 2011. This rule will be enforced from 8 a.m.
until 6 p.m. on September 24 and 25, 2011.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0194 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-0194 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary

rule, call or e-mail Mr. Scott Whalen, Marine Safety Unit Port Arthur,
TX, Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 27, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations; Sabine River, Orange, TX in
the Federal Register (76 FR 103). We received no comments on the
proposed rule. No public meeting was requested, and none was held.

Background and Purpose

    This temporary special local regulation is necessary to ensure the
safety of vessels and spectators from hazards associated with a
powerboat race. Under the authority of 33 U.S.C. 1233, the Captain of
the Port has determined that powerboat races in close proximity to
watercraft and infrastructure pose significant risk to public safety
and property. Establishing a special local regulation around the
location of the race course will help ensure the safety of persons and
property at these events and help minimize the risks associated with
high speed powerboat races.

Discussion of Comments and Changes

    We received no comments and no changes have been made to the
proposed rule.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders.
    The Coast Guard has determined that this rule is not a significant
regulatory action for the following reasons: (1) The rule will be
enforced for ten hours each day for two days; (2) scheduled breaks will
be provided to allow waiting vessels to transit safely through the
affected area; and (3) persons and vessels may enter, transit through,
anchor in, or remain within the regulated area if they obtain
permission from the COTP or the designated representative; and (4)
advance notification will be made to the maritime community via
broadcast notice to mariners and Local Notice to Mariners (LNM).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
    This rule would not have a significant economic impact on a
substantial number of small entities for the following reasons: (1)
This rule will only be enforced from 8 a.m. until 6 p.m. each day that
it is effective; (2) during non-enforcement hours all vessels will be
allowed to transit through the safety zone without having to obtain
permission from the Captain of the Port, Port Arthur or a designated
representative; and (3) vessels will be allowed to pass through the
zone with permission of the Coast Guard Patrol Commander during
scheduled break periods between races and at other times when permitted
by the Coast Guard Patrol Commander.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

Taking of Private Property

    This rule would not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order

13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(h), of the Instruction. This rule involves the establishment of a
Special Local Regulation. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100 --REGULATED--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.35T08-0194 to read as follows:

Sec.  100.35T08-0194  Special Local Regulations for Marine Events;
Sabine River, Orange, TX.

    (a) Definitions. As used in this section ``Participant Vessel''
means all vessels officially registered with event officials to race or
work in the event. These vessels include race boats, rescue boats, tow
boats, and picket boats associated with the race.
    (b) Location. The following area is a safety zone: All waters of
the Sabine River, shoreline to shoreline, adjacent to the Naval Reserve
Unit and the Orange public boat ramps located in Orange, TX. The
northern boundary is from the end of Navy Pier One at
30[deg]05[min]45[sec] N 93[deg]43[min]24[sec] W then easterly to the
rivers eastern shore. The southern boundary is a line shoreline to
shoreline at latitude 30[deg]05[min]33[sec] N.
    (c) Enforcement Period. This regulation will be enforced daily from
8 a.m. until 6 p.m. on September 24 and 25, 2011.
    (d) Regulations.
    (1) In accordance with the general regulations in Sec.  100 of this
part, entry into this zone is prohibited to all vessels except
participant vessels and those vessels specifically authorized by the
Captain of the Port, Port Arthur or a designated representative.
    (2) Persons or vessels requiring entry into or passage through must
request permission from the Captain of the Port, Port Arthur, or a
designated representative. They may be contacted on VHF Channel 13 or
16, or by telephone at<PHONE_NUMBER>.
    (3) All persons and vessels shall comply with the instructions of
the Captain of the Port, Port Arthur, designated representatives and
designated on-scene U.S. Coast Guard patrol personnel. On-scene U.S.
Coast Guard patrol personnel include commissioned, warrant, and petty
officers of the U.S. Coast Guard.

    Dated: June 29, 2011.
Z.H. Pickett,
Commander, U.S. Coast Guard, Captain of the Port, Port Arthur Acting.
[FR Doc. 2011-21461 Filed 8-22-11; 8:45 am]
BILLING CODE 9110-04-P


Summary of Telephone Conversation for the Docket

On August 1, David Dawe of SciReg, Inc. called Nancy Fitz, EPA, to
discuss the pesticide label requirements in the container-containment
regulations and the proposed amendments to the container-containment
regs.

Mr. Dawe described a situation where a company will be distributing a
product in transport vehicles, such as trucks with tank trailers,
directly from the manufacturer to the end user.  In this case, the
transport vehicle is the pesticide container and would be classified as
a refillable container under the regulations.  We discussed the language
that would/would not be required to be in the storage and disposal
section of the label in this situation, as set out in the
container-containment label requirements in §§156.140, 156.144 and
156.156.  These regulations require the labels of refillable containers
to have a “container type” statement and residue removal
instructions.

1. Residue removal instructions

Section 156.156 requires the label of each pesticide product packaged in
a refillable container to include residue removal instructions.
However, §156.144(d) allows EPA to modify or waive the requirement for
residue removal instructions or to permit or require alternative
labeling statements.  So, under the current regulations, a registrant
could request EPA to waive the requirement to include residue removal
instructions on the labels of pesticide products when the only container
is a transport vehicle.

In the proposed amendments to the container-containment rule (73 FR
33035, June 11, 2008), EPA proposes to exempt transport vehicles from
the residue removal requirements.  Specifically, EPA proposed to add the
following exemption to §156.144(g):

(g) Exemption for transport vehicles.  Pesticide product labels do not
have to bear residue removal instructions applicable to transport
vehicles (e.g., tank cars).

EPA explains the purpose of this exemption in the preamble (73 FR
33039):

In §156.144(g), the Agency is proposing that pesticide product labels
do not have to bear residue removal instructions applicable to transport
vehicles.  Transport vehicles such as rail cars and other cargo-carrying
vehicles are classified as containers in the container and containment
regulations, but are exempt from the refillable container and
repackaging regulations in 40 CFR part 165.   The Agency is proposing
that pesticide product labels do not have to bear residue removal
instructions applicable to transport vehicles because the residue
removal label language in the container and containment regulations is
not tailored to the unique nature of transport vehicle containers.  This
change will make the residue removal label language requirements
consistent with the refillable container and repackaging requirements,
with regard to transport vehicles.

EPA has received several questions about this situation.  See question
#5 in the FAQs on the container-containment rule:   HYPERLINK
"http://www.epa.gov/pesticides/regulating/containerquestions.htm"
http://www.epa.gov/pesticides/regulating/containerquestions.htm .

When the amendments are finalized, however, labels would be
automatically exempted from the requirement to include residue removal
instructions for transport vehicles.

2. Container type statement

Section 156.140(b) requires the label of each pesticide product packaged
in a refillable container to include a container type statement,
specifically: “Refillable Container.  Refill this container with
pesticide [or common chemical name] only.  Do not reuse this container
for any other purpose.”  Currently, §156.140 does not include a
“waiver/modification” provision like the one in §156.144(d).

In the proposed amendments to the container-containment rule (73 FR
33035, June 11, 2008), EPA proposes to add a waiver/modification
provision to §156.140(c):

(c) Modification.  EPA may, on its own initiative or based on data or
information submitted by any person, modify or waive the requirements of
this section or permit or require alternative labeling statements.

EPA explains the purpose of this exemption in the preamble (73 FR
33039):

The Agency is also proposing to amend §156.140 to add a new paragraph
§156.140(c) that would allow EPA to modify or waive the label
statements required by §156.140.  The Agency originally intended for
the waiver/modification statement included in the residue removal
section (40 CFR 156.144(d)) to apply to all label language.  However,
as written, the regulations do not allow for exemptions from the
“nonrefillable container” or “refillable container” language.
The Agency is proposing to allow modifications or waivers of the
required language so that the Agency can determine on a case-by-case
basis whether the requirements for the nonrefillable container, reuse,
recycling/reconditioning and refillable container label statements are
appropriate.

Currently, the regulations require a container type statement to be on
the labels of all products distributed or sold in refillable containers
(by the compliance date).  When the amendments are finalized, however,
registrants could request a waiver from the requirement to include the
“refillable container type” statement on the labels of products that
are distributed or sold only in transport vehicles.

3.  Issue

Mr. Dawe asked why EPA did not also propose to exempt transport vehicles
from the refillable container type statement in §156.140(b).  He
pointed out that the reasoning for exempting transport vehicles from the
residue removal requirement also applies to exempting them from the
container type statement.  Specifically, the refillable container type
label language in the container-containment regulations is not tailored
to the unique nature of transport vehicle containers because the
transport vehicles are potentially intended to be refilled with other
pesticides or other chemicals.  Therefore, Mr. Dawe suggested that EPA
consider adding an exemption for transport vehicles to §156.140, such
as:

(e) Pesticide product labels do not have to bear container type
statements applicable to transport vehicles (e.g., tank cars).


[Federal Register Volume 80, Number 15 (Friday, January 23, 2015)]
[Notices]
[Page 3718]
[FR Doc No: 2015-01150]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Opportunity for Public Comment on the Sale of Santa
Isabel Airport, Santa Isabel, Puerto Rico.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: The FAA is issuing this notice to advise the public of the
proposed sale of Santa Isabel Airport (PR27), Santa Isabel, Puerto
Rico.

DATES: Comments must be received on or before February 23, 2015.

ADDRESSES: Comments on this notice may be mailed or delivered in
triplicate to the FAA at the following address: Atlanta Airports
District Office, Attn: Parks Preston, Program Manager, 1701 Columbia
Ave., Campus Bldg., Suite 2-260, College Park, GA 30337-2747.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to the following address: Ingrid C. Colberg-
Rodriguez, Esp., Executive Director, Puerto Rico Ports Authority, P.O.
Box 362829, San Juan, PR 00936-2829.

FOR FURTHER INFORMATION CONTACT: Parks Preston, Program Manager,
Atlanta Airports District Office, 1701 Columbia Ave., Campus Bldg.,
Suite 2-260, College Park, GA 30337,<PHONE_NUMBER>. The request may be
reviewed in person at this same location.

SUPPLEMENTARY INFORMATION: On March 9, 1949, the U.S. government,
through the Federal Farm Mortgage Corporation, conveyed the Santa
Isabel Auxiliary Air Field to the Puerto Rico Transportation Authority
through a deed of sale. The Civil Aviation Authority (CAA) issued a
conditional release of nearly all Federal obligations, reservations and
restrictions contained in the 1949 deed on June 28, 1957. This release
retained the U.S. government's rights and interests with respect to any
uranium, thorium, and fissionable materials and was subject to specific
terms and conditions. On November 26, 2008, the Puerto Rico Ports
Authority (PRPA) notified FAA of its plans to close Santa Isabel
Airport per the terms and conditions contained in the 1957 release.
PRPA plans to sell Santa Isabel Airport and all proceeds derived from
any sale, lease or rental of any of the property included in the
release will be used exclusively for the improvement or development of
a public airport in accordance with the June 28, 1957 release letter.
In addition to this notice, the PRPA intends to utilize electronic
media to advertise the sale of the property.
    Any person may inspect the request in person at the FAA office
listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon request, inspect the request,
notice and other documents germane to the request in person at the
Puerto Rico Ports Authority offices.

    Issued in College Park, Georgia, on January 14, 2015.
Larry F. Clark,
Manager, Atlanta Airports District Office, Southern Region.
[FR Doc. 2015-01150 Filed 1-22-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Rules and Regulations]
[Pages 53312-53314]
[FR Doc No: 2011-21475]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0861; Directorate Identifier 2010-SW-092-AD;
Amendment 39-16778; AD 2011-17-14]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Model A109A and A109AII
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) for
the specified Agusta S.p.A. (Agusta) helicopters with a certain tail
rotor special hub plug (hub plug) installed. This action requires a
one-time inspection to determine the tightening torque value of the hub
plug, and depending on the inspection results, replacing certain parts
or disassembling the tail rotor hub and blades assembly and inspecting
for damage. If the tightening torque value is between 600 kgcm and 700
kgcm, the lock washer and o-ring must be replaced with airworthy parts,
and no further action is required. If the tightening torque value is
greater than 700 kgcm, the hub plug must be replaced with an airworthy
part. Torque the new hub plug to the specified tightening torque
between 600 and 700 kgcm. If the tightening torque value of the hub
plug is less than 600 kgcm, the tail rotor hub and blades assembly must
be disassembled and inspected for damage. If a part is found that is
outside allowable damage tolerances, that part must be replaced with an
airworthy part. This amendment is prompted by the discovery that a
wrong tightening torque value for the hub plug was contained in a
revision to the helicopter maintenance manual. The actions specified in
this AD are intended to detect an improperly torqued hub plug that
could lead to tail rotor failure and subsequent loss of control of the
helicopter.

DATES: Effective September 12, 2011.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 12, 2011.
    Comments for inclusion in the Rules Docket must be received on or
before October 25, 2011.

ADDRESSES: Use one of the following addresses to submit comments on
this AD:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     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 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/technical-bullettins.
    Examining the Docket: You may examine the docket that contains the
AD, any comments, and other information 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 Docket Operations office (telephone<PHONE_NUMBER>) is
located in Room W12-140 on the ground floor of the West Building at the
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aerospace Engineer, FAA,
Rotorcraft Directorate, Regulations and Policy Group, 2601 Meacham
Blvd., Fort Worth, Texas 76137; telephone:<PHONE_NUMBER>; fax: (817)
222-5961.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Emergency AD No. 2010-0222-E, dated October 22, 2010 (EAD 2010-0222-E),
to correct an unsafe condition for the specified Agusta model
helicopters with a hub plug, part number (P/N) 109-0133-18-103,
installed. EASA advises that a mistaken value of the tightening torque
of the hub plug has been discovered in the maintenance manual of A109A
and A109AII helicopters. The investigation carried out by Agusta has
revealed that the wrong value of the tightening torque of the hub plug
was introduced with Revision 9 of the A109A and A109AII Helicopter
Maintenance Manual, dated June 15, 2009. EASA states that this
condition could ultimately lead to a tail rotor malfunction. The
actions specified in this AD are intended to detect an improperly
torqued hub plug that could lead to tail rotor failure and subsequent
loss of control of the helicopter.

Related Service Information

    Agusta has issued Mandatory Alert Bollettino Tecnico No. 109-132,
dated October 22, 2010 (BT), which specifies performing a one-time
inspection of the hub plug to verify the right tightening torque value,
and provides instruction to restore the correct installation. If the

tightening torque value is at least 600 kgcm, the BT specifies removing
the lock washer, P/N 109-0133-17-103, and the o-ring, P/N MS29561-119,
and replacing each part with a new part. If the tightening torque value
is lower than the minimum required 600 kgcm, the BT specifies
instructions to inspect the tail rotor hub and blade assembly, P/N 109-
0131-02 (all dash numbers), for damage. If a damaged part is found that
is outside the allowable damage tolerances, the BT specifies replacing
the part with a new part. The BT also specifies restoring the
tightening torque value of the hub plug to between 600 kgcm and 700
kgcm. EASA classified this service bulletin as mandatory and issued EAD
2010-0222-E to ensure the continued airworthiness of these helicopters.

FAA's Evaluation and Unsafe Condition Determination

    These helicopters have been approved by the aviation authority of
Italy, and are approved for operation in the United States. Pursuant to
our bilateral agreement with Italy, EASA, their technical
representative, has notified us of the unsafe condition described in
the EASA AD. 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 helicopters of the same type
design.

Differences Between This AD and the EASA AD

    This AD uses the term ``hours time-in-service'' to describe
compliance times, and the EASA AD uses the term ``flight hours''. This
AD specifies compliance with the requirements of this AD within 5 hours
time-in-service (TIS) or 8 days, whichever occurs first. The EASA
Emergency AD specifies compliance within 5 hours TIS, but no later than
November 30, 2010, whichever occurs first. This AD addresses corrective
action if the tightening torque of the hub plug is greater than the
required value of 700 kgcm.

FAA's Determination and Requirements of This AD

    This unsafe condition is likely to exist or develop on other
helicopters of the same type design. Therefore, this AD is being issued
to detect an improperly torqued hub plug that could lead to tail rotor
failure and subsequent loss of control of the helicopter. This AD
requires within 5 hours TIS or 8 days, whichever comes first, the
following:
     Determine if the tightening torque value of the hub plug,
P/N 109-0133-18-103, is between 600 kgcm and 700 kgcm.
     If the tightening torque value of the hub plug is between
600 and 700 kgcm, replace the lock washer, P/N 109-0133-17-103, and the
o-ring, P/N MS29561-119, with an airworthy part.
     If the tightening torque value of the hub plug is greater
than 700 kgcm, replace the hub plug, P/N 109-0133-18-103 with an
airworthy part. Torque the hub plug to the specified tightening torque
between 600 and 700 kgcm.
     If the tightening torque value of the hub plug is less
than the required minimum 600 kgcm, remove the tail rotor hub and
blades assembly, P/N 109-0131-02 (all dash numbers), and inspect the
broaching and bearing faces of the trunnion, P/N 109-0131-05 or 109-
8131-33, for spalling, fretting, or wear. Inspect the hub plug, the
spacers, P/N 109-0133-16-103 and 109-0130-89-1, and the static stop, P/
N 109-0130-27-5, for damage or corrosion. Inspect the broaching of the
output drive shaft, P/N 109-0445-08-3 or 109-0445-08-7, for fretting or
wear. If a part is found that is outside allowable damage tolerances,
remove the unairworthy part and replace it with an airworthy part.
    Accomplish the actions by following specified portions of the
service bulletin described previously. The short compliance time
involved is required because the previously described critical unsafe
condition can adversely affect the structural integrity and
controllability of the helicopter. Therefore, the actions specified in
this AD are required within 5 hours TIS or 8 days, whichever occurs
first, a very short compliance time, and this AD must be issued
immediately.
    Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.

Costs of Compliance

    We estimate that this AD will affect about 63 helicopters of U.S.
registry. We estimate the costs to accomplish the requirements of this
AD as follows:

----------------------------------------------------------------------------------------------------------------
                                 Number of work
            Action                hours x labor     Labor      Parts      Cost per    Affected fleet     Fleet
                                      rate           cost       cost      aircraft         size           cost
----------------------------------------------------------------------------------------------------------------
Determine the tightening        0.25 hrs x labor        $21          0          $21  63..............     $1,323
 torque value of the hub plug    rate of $85.
 (one-time inspection).
Replace lock washer and O-ring  2.0 hrs x labor         170        287          457  56 (assume 89%       25,592
                                 rate of $85.                                         of fleet).
Replace hub plug..............  2.0 hrs x labor         170        850         1020  1 (assume 1% of        1020
                                 rate of $85.                                         the fleet.
Replace Trunnion, Hub Plug,     5.0 hrs. x labor        425      8,884        9,309  7 (assume 10% of     65,163
 Spacers, Static Stop.           rate of $85.                                         fleet).
                               ---------------------------------------------------------------------------------
    Total cost impact for this  ................  .........  .........  ...........  ................     93,098
     AD.
----------------------------------------------------------------------------------------------------------------

Comments Invited

    This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any written data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2011-0861; Directorate
Identifier 2010-SW-092-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the AD. We will consider all
comments received by the closing date and may amend the AD in light of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this AD. Using the search function of the
docket Web site, you can find and read the comments to any of our
dockets, including the name

of the individual who sent the comment. You may review the DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).

Regulatory Findings

    We have 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.
    For the reasons discussed above, I certify that the 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 AD. See the AD docket to examine the economic evaluation.

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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends Part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive to
read as follows:

2011-17-14 AGUSTA S.p.A.: Amendment 39-16678; Docket No. FAA-2011-
0861; Directorate Identifier 2010-SW-092-AD.

    Applicability: Models A109A and A109A II helicopters, with tail
rotor special hub plug (hub plug), part number (P/N) 109-0133-18-
103; certificated in any category.
    Compliance: Required within 5 hours time-in-service (TIS) or 8
days, whichever occurs first, unless accomplished previously.
    To detect an improperly torqued hub plug that could lead to tail
rotor failure and subsequent loss of control of the helicopter,
accomplish the following:
    (a) Determine if the tightening torque value of the hub plug is
between 600 kgcm and 700 kgcm.
    (b) If the tightening torque value of the hub plug is between
600 kgcm and 700 kgcm, remove and replace the lock washer, P/N 109-
0133-17-103, and the o-ring, P/N MS29561-119, with airworthy parts.
    (c) If the tightening torque value of the hub plug is greater
than 700 kgcm, remove and replace the hub plug, P/N 109-0133-18-103
with an airworthy part. Torque the hub plug to the specified
tightening torque between 600 and 700 kgcm.
    (d) If the tightening torque value of the hub plug is less than
the 600 kgcm, do the following:
    (1) Remove the tail rotor hub and blades assembly, P/N 109-0131-
02 (all dash numbers).
    (2) Inspect the broaching faces (splined area ``F'') and bearing
faces (area ``D'') of the trunnion, P/N 109-0131-05 or 109-8131-33,
for spalling, fretting, or wear by reference to Figure 2 of Agusta
Mandatory Alert Bollettino Tecnico No. 109-132, dated October 22,
2010 (BT). If there is spalling, fretting, or wear that is outside
allowable damage tolerances specified in Figure 2 of the BT, replace
the trunnion with an airworthy trunnion.
    (3) Inspect the hub plug, the spacers, P/N 109-0133-16-103 and
109-0130-89-1, and the static stop, P/N 109-0130-27-5, for spalling,
fretting, wear, or corrosion. If there is any spalling, fretting,
wear, or corrosion, replace the part with an airworthy part.
    (4) Inspect the broaching area ``H'' of the output drive shaft,
P/N 109-0445-08-3 or 109-0445-08-7, of the tail rotor gearbox
assembly, P/N 109-0440-01, for fretting, wear, or other damage by
referring to Figure 3 of the BT. If there is any fretting, wear, or
other damage of 0.07 mm or more in depth between loaded and unloaded
areas, replace the output drive shaft with an airworthy output drive
shaft.
    (5) Reinstall the tail rotor hub and blade assembly, and tighten
the torque on the hub plug to between 600 kgcm and 700 kgcm.
    (6) Accomplish a flap axis play inspection, a flap hinge
friction inspection, and a tail rotor dynamic balance.
    (e) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Manager, Safety Management Group, ATTN: DOT/FAA
Southwest Region, Sharon Miles, Rotorcraft Directorate, Regulations
and Policy Group, ASW-111, 2601 Meacham Blvd., Fort Worth, Texas
76137; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>, for
information about previously approved alternative methods of
compliance.
    (f) The Joint Aircraft System/Component (JASC) Code is 6500:
Tail rotor drive system.
    (g) The inspection shall be done in accordance with the
specified portions of Agusta Mandatory Alert Bollettino Tecnico No.
109-132, dated October 22, 2010. The Director of the Federal
Register approved this incorporation by reference in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from
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/technical-bullettins. Copies may be inspected
at the FAA, Office of the Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth, Texas, or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (h) This amendment becomes effective on September 12, 2011.

    Note: The subject of this AD is addressed in the European
Aviation Safety Agency (Italy), Emergency AD 2010-0222-E, dated
October 22, 2010.

    Issued in Fort Worth, Texas, on August 8, 2011.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2011-21475 Filed 8-25-11; 8:45 am]
BILLING CODE 4910-13-P