Unknown. Final rule; request for comments

5,069 words·~23 min read·/register/2012/04/18/2012-9315·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2012-04-18.xml --- 77 75 Wednesday, April 18, 2012 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23260-23263 2012-9105 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 23263-23264 2012-9356 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare and Medicaid Programs: Electronic Health Record Incentive Program--Stage 2; Corrections, 23193-23196 2012-9331 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23264-23266 2012-9258 2012-9259 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

National Youth in Transition Database and Youth Outcome Survey, 23266-23267 2012-9337 Civil Rights Civil Rights Commission NOTICES Meetings: Louisiana Advisory Committee, 23221 2012-9296 Coast Guard Coast Guard RULES Annual Marine Events in the Eighth Coast Guard District: Blessing of the Fleet, Bayou La Batre, AL, 23118-23119 2012-9361 Dauphin Island Race, Mobile Bay; Mobile, AL, 23119-23120 2012-9377 Smoking the Sound, Biloxi Ship Channel; Biloxi, MS, 23119 2012-9381 National Maritime Week Tugboat Races, Seattle, WA, 23120 2012-9380 Special Local Regulations:

Lowcountry Splash Open Water Swim, Wando River and Cooper River, Mount Pleasant, SC, 23120-23123 2012-9373 Smokin the Lake; Gulfport Lake; Gulfport, MS, 23123-23125 2012-9389 Tuscaloosa Dragon Boat Race; Black Warrior River; Tuscaloosa, AL, 23125-23128 2012-9375 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commission Fine Commission of Fine Arts NOTICES Meetings, 23226 2012-9167 Defense Department Defense Department RULES Federal Acquisition Regulations:

Biobased Procurements, 23365-23368 2012-9201 Federal Acquisition Circular 2005-58; Introduction, 23364 2012-9200 Justification and Approval of Sole-Source 8(a) Contracts, 23369-23370 2012-9204 Representation Regarding Export of Sensitive Technology to Iran, 23368 2012-9202 Technical Amendments, 23370-23371 2012-9206 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23226 2012-9306 U.S. Court of Appeals for Armed Forces Proposed Rules Changes, 23226-23228 2012-9253 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Assurance of Compliance, Civil Rights Certificate, 23229 2012-9312 Evaluation of State Vocational Rehabilitation Agency Administration of Supported Employment Programs, 23228 2012-9308 Small Business Innovation Research Program Phase I, Grant Application Package, 23229-23230 2012-9309 Small Business Innovation Research Program Phase II, Grant Application Package, 23228-23229 2012-9310 Meetings: National Advisory Council on Indian Education, 23230-23231 2012-9378 National Institute on Disability and Rehabilitation Research:

Proposed Long-Range Plan for Fiscal Years 2013-2017, 23231-23237 2012-9365 Election Election Assistance Commission NOTICES Publication of State Plan Pursuant to Help America Vote Act, 23237-23238 2012-9280 Employment and Training Employment and Training Administration NOTICES Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 23288-23291 2012-9246 Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment Assistance, 23291 2012-9247 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Applications to Export Electric Energy:

Citigroup Energy Canada ULC, 23238 2012-9319 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Guidelines for Home Energy Professionals: Standard Work Specifications for Single Family Energy Upgrades, 23238-23239 2012-9311 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans: Connecticut; Determination of Attainment of One-hour Ozone Standard for Greater Connecticut Area; Correction, 23130 2012-9222 Petitions to Revoke Tolerances;

Denials: Natural Resources Defense Council, 2,4-dichlorophenoxyacetic acid (2-4D), 23135-23158 2012-9106 Revisions to California State Implementation Plan: Northern Sierra and Sacramento Metropolitan Air Quality Management District, 23130-23132 2012-9078 Revisions to the California State Implementation Plan: Yolo-Solano Air Quality Management District, 23133-23135 2012-8947 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Virginia; Deferral for CO2 Emissions from Bioenergy and other Biogenic Sources Under the Prevention of Significant Deterioration Program, 23178-23181 2012-9339 Approvals and Promulgations of Implementation Plans:

Florida; Infrastructure Requirements for 1997 8-Hour Ozone National Ambient Air Quality Standards, 23181-23191 2012-9225 Regional Haze State and Federal Implementation Plans: Nevada; BART Determination for Reid Gardner Generating Station, 23191-23192 2012-9438 Revisions to California State Implementation Plan: Northern Sierra and Sacramento Metropolitan Air Quality Management Districts, 23192-23193 2012-9077 Revisions to the California State Implementation Plan: Yolo-Solano Air Quality Management District, 23193 2012-8948 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: NSPS for Other Solid Waste Incineration Units, 23244-23245 2012-9297 Meetings: Pesticide Program Dialogue Committee, 23245-23246 2012-8926 Public Water System Supervision Program Revisions: Kentucky, 23246-23247 2012-9327 Export Import Export-Import Bank NOTICES Economic Impact Policy, 23247 2012-9313 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Agusta S.p.A. Helicopters, 23109-23112 2012-9315 Modifications of VOR Federal Airways V-135 and V-137;

Southwest United States, 23113 2012-9188 Modifications, Revocations and Establishments of Air Traffic Service Routes: Windsor Locks Area; CT, 23114 2012-9187 PROPOSED RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 23169-23171 2012-9266 The Boeing Company Airplanes, 23166-23169 2012-9267 Proposed Amendment of Class E Airspace: Fairfield, CA, 23171-23172 2012-9317 Woodland, CA, 23172-23173 2012-9318 Federal Communications Federal Communications Commission PROPOSED RULES Radio Broadcasting Services:

Summit, MS, 23203 2012-9346 NOTICES Debarments, 23247-23248 2012-9399 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 23248 2012-9492 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Flood Insurance Program Call Center and Agent Referral Enrollment Form, 23270 2012-9343 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

Bryant Mountain, LLC; Additional Scoping Meetings, Extension of Time to File Comments, etc., 23239-23240 2012-9272 Floridian Natural Gas Storage Co., LLC, 23241-23242 2012-9277 LockPlus Hydro Friends Fund XXX, LLC, 23241 2012-9278 Preliminary Permit Applications: Grand Coulee Project Hydroelectric Authority, 23242-23243 2012-9273 2012-9274 Requests under Blanket Authorization: CenterPoint Energy Gas Transmission Co., LLC, 23243-23244 2012-9276 Revised Baseline Filings: Atmos Energy Colorado-Kansas Division, 23244 2012-9271 Federal Maritime Federal Maritime Commission PROPOSED RULES Non-Vessel-Operating Common Carrier Service Arrangements, 23202-23203 2012-9270 NOTICES Agreements Filed, 23248 2012-9390 Federal Railroad Federal Railroad Administration RULES Locomotive Safety Standards:

Correction, 23159 2012-9353 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 23248 2012-9322 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 23249 2012-9321 Fine Arts Commission See Commission of Fine Arts Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants: Permit Applications, 23273-23275 2012-9391 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Guidance for Industry, et al.; Fiscal Year 2012 Medical Device User Fee Small Business Qualification and Certification, 23267-23268 2012-9241 Determinations of Regulatory Review Periods: KEPIVANCE; Correction, 23268-23269 2012-9325 Determinations that Drugs were Not Withdrawn from Sale for Reasons of Safety or Effectiveness: FUNDUSCEIN-25 (fluorescein sodium injection), 25 Percent, and AK-FLUOR (fluorescein sodium injection), 25 Percent, 23269 2012-9292 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization/Expansion under Alternative Site Framework:

Foreign-Trade Zone 200, Mercer County, NJ, 23221-23222 2012-9354 Temporary / Interim Manufacturing Authority Approvals: Foreign-Trade Zone 59, Novartis Consumer Health, Inc., 23222 2012-9357 General Services General Services Administration RULES Federal Acquisition Regulations: Biobased Procurements, 23365-23368 2012-9201 Federal Acquisition Circular 2005-58; Introduction, 23364 2012-9200 Federal Acquisition Circular 2005-58; Small Entity Compliance Guide, 23371 2012-9215 Justification and Approval of Sole-Source 8(a) Contracts, 23369-23370 2012-9204 Representation Regarding Export of Sensitive Technology to Iran, 23368 2012-9202 Technical Amendments, 23370-23371 2012-9206 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 23249-23250 2012-9323 Schedules for Assessments of Health Information Technology Policy Committee Recommendations, 23250 2012-9251 Statements of Organization, Functions, and Delegations of Authority: Administration for Community Living, 23250-23260 2012-9238 Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Housing Administration Insured Title I Property Improvement and Manufactured Home Loan Programs, 23272-23273 2012-9355 Home Equity Conversion Mortgage Counseling Client Survey, 23273 2012-9359 Industry Industry and Security Bureau RULES Addition of Certain Persons on the Entity List: Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States, 23114-23116 2012-9374 NOTICES Meetings:

Sensors and Instrumentation Technical Advisory Committee, 23222 2012-9351 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service PROPOSED RULES Native American Graves Protection and Repatriation Act Regulations, 23196-23202 2012-9228 International Trade Adm International Trade Administration NOTICES Antidumping Duty Changed Circumstances Reviews; Results, Extensions, Amendments, etc.: Certain Frozen Warmwater Shrimp from Socialist Republic of Vietnam, 23222-23224 2012-9350 Meetings:

Renewable Energy and Energy Efficiency Advisory Committee, 23224 2012-9305 Justice Department Justice Department RULES Privacy Act; Implementation, 23116-23117 2012-9001 PROPOSED RULES Privacy Act; Implementation, 23173-23176 2012-8769 NOTICES Lodgings of Consent Decrees: Clean Air Act, 23278 2012-9268 Lodgings of Settlement Agreements, 23278 2012-9291 Labor Department Labor Department See Employment and Training Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Bureau of Labor Statistics Occupational Safety and Health Statistics Cooperative Agreement Application Package, 23282 2012-9333 Labor Market Information Cooperative Agreement, 23279-23280 2012-9332 ONet Data Collection Program, 23281 2012-9240 Workforce Investment Streamlined Performance Reporting System, 23278-23279 2012-9242 YouthBuild Reporting System, 23280-23281 2012-9257 All Items Consumer Price Index for All Urban Consumers; U.S. City Average, 23282-23283 2012-9360 2012-9362 Tribal Consultation Policy, 23283-23288 2012-9372 Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: enXco Desert Harvest Solar Farm Project, Riverside County, CA; Draft California Desert Conservation Area Plan Amendment, 23275-23276 2012-9338 Filings of Plats of Surveys: Alaska, 23276-23277 2012-9293 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Methane Detected in Underground Metal and Nonmetal Mine Atmospheres, 23291-23293 2012-9245 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulations:

Biobased Procurements, 23365-23368 2012-9201 Federal Acquisition Circular 2005-58; Introduction, 23364 2012-9200 Justification and Approval of Sole-Source 8(a) Contracts, 23369-23370 2012-9204 Representation Regarding Export of Sensitive Technology to Iran, 23368 2012-9202 Technical Amendments, 23370-23371 2012-9206 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23293 2012-9328 National Highway National Highway Traffic Safety Administration NOTICES Insurer Reporting Requirements:

Annual Insurer Report on Motor Vehicle Theft for 2006 Reporting Year, 23320-23321 2012-9307 National Institute National Institute of Standards and Technology NOTICES Workshop Recommendations: Requests for Technical Input, Standards in Trade Workshops, 23224-23226 2012-9254 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher Vessels Using Trawl Gear in Bering Sea and Aleutian Islands Management Area, 23159-23160 2012-9334 PROPOSED RULES Endangered and Threatened Species:

Delisting of Eastern DPS of Steller Sea Lions, 23209-23220 2012-9335 Groundfish Fisheries of the Exclusive Economic Zone off Alaska and Pacific Halibut Fisheries: Observer Program, 23326-23361 2012-8856 National Park National Park Service NOTICES Leasehold Surrender Interest Guide, 23277 2012-9264 Meetings: Wekiva River System Advisory Management Committee, 23277 2012-9279 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Onsite Emergency Response Capabilities, 23161-23166 2012-9336 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Rigging Equipment for Material Handling Construction Standard:

Correction and Technical Amendment, 23117-23118 2012-8881 Office Special Office of the Special Counsel NOTICES Service Contract Inventory for Fiscal Year 2011; Availability, 23293 2012-9262 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Revisions to Procedural Rules, 23176-23178 2012-9300 NOTICES Meetings; Sunshine Act, 23293-23294 2012-9429 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

BATS Exchange, Inc., 23294-23295 2012-9342 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 23307-23311 2012-9286 BATS Y-Exchange, Inc., 23300-23301 2012-9341 International Securities Exchange, LLC, 23313-23316 2012-9285 NASDAQ OMX BX, Inc., 23316-23317 2012-9284 NASDAQ OMX PHLX LLC, 23301-23303 2012-9290 New York Stock Exchange LLC, 23305-23307 2012-9288 NYSE Amex LLC, 23298-23300 2012-9287 NYSE Arca, Inc., 23303-23305 2012-9289 Special Counsel Special Counsel Office See Office of the Special Counsel State Department State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Choice of Address and Agent for Immigrant Visa Applicants, 23317-23318 2012-9329 Culturally Significant Objects Imported for Exhibition Determinations: African Cosmos; Stellar Arts, 23318 2012-9392 Meetings: Advisory Committee on Private International Law; Online Dispute Resolution Study Group, 23318-23319 2012-9330 Surface Transportation Surface Transportation Board PROPOSED RULES Assessment of Mediation and Arbitration Procedures, 23208-23209 2012-9324 NOTICES Trackage Rights Exemptions:

Kiamichi Railroad L.L.C.; WFEC Railroad Co., 23321-23322 2012-9326 Susquehanna Susquehanna River Basin Commission NOTICES Public Hearings, 23319-23320 2012-9348 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Surface Transportation Board U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Application for Suspension of Deportation or Special Rule Cancellation of Removal, 23271-23272 2012-9352 Notice of Appeal or Motion, 23270-23271 2012-9349 Veteran Affairs Veterans Affairs Department RULES Rules Governing Hearings Before Agency of Original Jurisdiction and Board of Veterans Appeals: Repeal of Prior Rule Change, 23128-23130 2012-9295 PROPOSED RULES VA Acquisition Regulation: Electronic Submission of Payment Requests, 23204-23208 2012-9269 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Report of General Information, 23322 2012-9340 Meetings: Advisory Committee on Disability Compensation, 23322-23323 2012-9281 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 23326-23361 2012-8856 Part III Defense Department, 23364-23371 2012-9201 2012-9200 2012-9204 2012-9202 2012-9206 General Services Administration, 23364-23371 2012-9201 2012-9200 2012-9215 2012-9204 2012-9202 2012-9206 National Aeronautics and Space Administration, 23364-23371 2012-9201 2012-9200 2012-9204 2012-9202 2012-9206 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 77 75 Wednesday, April 18, 2012 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2012-0409; Directorate Identifier 2011-SW-055-AD; Amendment 39-17020; AD 2011-18-52] RIN 2120-AA64 Airworthiness Directives;

Agusta S.p.A. Helicopters AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are publishing a new airworthiness directive

(AD)for certain Agusta S.p.A. (Agusta) Model AB139 and AW139 helicopters that requires establishing a revised life limit for each tail rotor (T/R) blade and updating the helicopter's historical records, repetitively inspecting T/R blades for a crack, and replacing certain T/R blades. This AD is prompted by a fatal accident involving an Agusta Model AW139 helicopter, which may have been caused by cracks in a T/R blade. These actions are intended to detect and prevent a crack in a T/R blade, which could lead to failure of a T/R blade and subsequent loss of control of the helicopter. DATES: This AD becomes effective May 3, 2012 to all persons except those persons to whom it was made immediately effective by Emergency AD 2011-18-52, issued on August 25, 2011, which contained the requirements of this AD. We must receive comments on this AD by June 18, 2012. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Docket:* Go to *http://www.regulations.gov.* Follow the online instructions for sending your comments electronically. • *Fax:* 202-493-2251. • *Mail:* Send comments to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. • *Hand Delivery:* Deliver to the “Mail” address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. *Examining the AD Docket:* You may examine the AD docket on the Internet at *http://www.regulations.gov* or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this 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 AD, contact Agusta Westland, Customer Support & Services, Via Per Tornavento 15, 21019 Somma Lombardo

(VA)Italy, ATTN: Giovanni Cecchelli; telephone 39-0331-711133; fax 39 0331 711180; or at *http://www.agustawestland.com/technical-bullettins* . You may review a copy of the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. FOR FURTHER INFORMATION CONTACT: Jim Grigg, Manager, FAA, Safety Management Group, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone:

(817)222-5112; fax:

(817)222-5961; email *jim.grigg@faa.gov.* SUPPLEMENTARY INFORMATION: Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments prior to it becoming effective. However, 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 resulted from adopting this AD. The most helpful comments reference a specific portion of the AD, 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 them 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 rulemaking during the comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments. Discussion On August 26, 2011, we issued Emergency AD No. 2011-18-52 for the Agusta AB139 and AW139 helicopters. The Emergency AD incorrectly lists the effective date as August 26, 2011, when the correct date is August 25, 2011, which is the issue date listed above the signature block. That Emergency AD requires establishing a revised life limit for each T/R blade and updating the helicopter's historical records, repetitively inspecting T/R blades for a crack, and replacing certain T/R blades. That action was prompted by a fatal accident involving an Agusta Model AW139 helicopter, which may have been caused by cracks in a T/R blade. This condition, if not detected and corrected, could result in failure of a T/R blade and subsequent loss of control of the helicopter. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued has issued EASA Emergency AD No. 2011-0156-E, dated August 25, 2011, to correct an unsafe condition for the Agusta Model AB139 and AW139 helicopters. EASA advises that in early 2011, there was a reported occurrence of T/R dynamic “unbalance” on a Model AW139 helicopter. Pending the results of the investigation into that occurrence, EASA issued AD No. 2011-0081, dated May 9, 2011, to require, as a precautionary measure, repetitive inspections of the T/R blades. After that AD was issued, a fatal accident occurred with another Model AW139 helicopter on August 19, 2011, possibly caused by cracks in a T/R blade. EASA advises that this condition, if not detected and corrected, could lead to a T/R structural failure, resulting in loss of control of the helicopter. 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 their 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 these same type designs. This AD contains minor editorial changes but is otherwise consistent with the Emergency AD, and will neither increase to economic burden on any operator nor increase the scope of the Emergency AD. Related Service Information Agusta has issued Mandatory Bollettino Tecnico

(BT)No. 139-265, dated August 25, 2011 (BT No. 139-265), which supersedes Agusta BT No. 139-251, dated May 6, 2011, for the Model AB139 and AW139 helicopters. The BT specifies, within 25 flight hours and at subsequent intervals of every 25 flight hours thereafter, visually inspecting the T/R blades, part number (P/N) 3G6410A00131 or P/N 4G6410A00131, for a crack or signs of damage using a mirror, magnifying glass (5X or greater), and a “hand torch” (flashlight). If there is a crack or signs of damage, the BT specifies sending the damaged blade along with certain data to the manufacturer. In addition, for helicopters with more than 600 flight hours or more than 1,500 landings, whichever occurs first, the BT specifies replacing the T/R blades with blades that have less than 600 flight hours and less than 1,500 landings. The BT specifies sending certain data to the manufacturer regarding the removed T/R blades. EASA classified the BT as mandatory and issued Emergency AD No. 2011-0156-E, dated August 25, 2011, to ensure the continued airworthiness of these helicopters. AD Requirements For Agusta Model AB139 and AW139 helicopters with a T/R blade, P/N 3G6410A00131 or 4G6410A00131, this AD requires: • Within 5 hours time-in-service (TIS), establish a life limit of 600 hours TIS or 1,500 takeoff and landing cycles (cycles), whichever occurs first, on the affected T/R blades and update the helicopter's historical records. If a T/R blade's total number of cycles is unknown, determine the T/R blade cycles by multiplying the T/R blade's hours TIS by 4. • For a T/R blade that, on the effective date of this AD, has already exceeded 600 hours TIS or 1,500 cycles, within 5 hours TIS replace the T/R blade with an airworthy T/R blade. • Within 25 hours TIS, and thereafter at intervals not to exceed 25 hours TIS, visually inspect the T/R blade for a crack or damage that exceeds the limits of the applicable maintenance manual. Inspect the T/R blade using a mirror, magnifying glass (5X or greater), and light source; or borescope. • If there is a crack, or if there is damage that exceeds the limits of the applicable maintenance manual, before further flight, replace the T/R blade with an airworthy T/R blade. Differences Between This AD and the EASA AD The AD differs from the EASA AD in that we use the term “take-off and landing cycles” and EASA uses the term “flight cycles.” In addition, we use the term “hours time-in-service” to describe compliance times, and EASA uses “flight hours”. EASA's AD requires you to contact the manufacturer if there is a crack in a T/R blade, and our AD does not require that action. Finally, our AD requires, within 5 hours TIS, replacing a T/R blade that has exceeded the newly revised life limits. EASA's AD requires replacing the T/R blade within 5 flight hours or 30 days, whichever occurs first. Interim Action We consider this AD to be an interim action. If final action is later identified, we might consider further rulemaking. Costs of Compliance We estimate that this AD will affect 46 helicopers of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD: each inspection will take 1 work-hour and a blade replacement will take 8 work-hours. Required parts will cost about $35,000 per T/R blade. Based on these figures, we estimate the total cost impact of the AD on U.S. operators to be $237,050, assuming all T/R blades will require 15 recurring visual inspections, a one-time inspection, and that 5 T/R blades are replaced. FAA's Justification and Determination of the Effective Date 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 previously described are required at the specified intervals, and this AD must be issued immediately. Since it was found that immediate corrective action was required, notice and opportunity for prior public comment thereon were impracticable and contrary to the public interest, and good cause existed to make the AD effective immediately by individual letters issued on August 26, 2011 to all known U.S. owners and operators of Agusta Model AB139 and AW139 helicopters. These conditions still exist, and the AD is hereby published in the **Federal Register** as an amendment to 14 CFR 39.13 to make it effective to all persons. 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 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, I certify that this AD* : 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under 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 and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, 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 airworthiness directive (AD): **2011-18-52 AGUSTA S.p.A. (AGUSTA):** Amendment 39-17020; Docket No. FAA-2012-0409; Directorate Identifier 2011-SW-055-AD.

(a)Applicability This AD applies to Agusta Model AB139 and AW139 helicopters, with a tail rotor (T/R) blade, part number (P/N) 3G6410A00131 or P/N 4G6410A00131, certificated in any category.

(b)Unsafe Condition This AD defines the unsafe condition as cracks in a T/R blade. The actions in this AD are intended to detect and prevent a crack in a T/R blade which could lead to failure of a T/R blade and subsequent loss of control of the helicopter.

(c)Effective Date This AD becomes effective May 3, 2012 to all persons except those persons to whom it was made immediately effective by Emergency AD 2011-18-52, issued on August 25, 2011, which contained the requirements of this AD.

(d)Compliance You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

(e)Required Actions

(1)Within 5 hours time-in-service (TIS), establish a life limit of 600 hours TIS or 1,500 takeoff and landing cycles (cycles), whichever occurs first, on the affected T/R blades and update the helicopter's historical records. If a T/R blade's total number of cycles is unknown, determine the T/R blade cycles by multiplying the T/R blade's hours TIS by 4.

(2)For a T/R blade that, on the effective date of this AD, has already exceeded 600 hours TIS or 1,500 cycles, within 5 hours TIS replace the T/R blade with an airworthy T/R blade.

(3)Within 25 hours TIS, and thereafter at intervals not to exceed 25 hours TIS, visually inspect the T/R blade for a crack or damage that exceeds the limits of the applicable maintenance manual. Inspect in the area depicted in the following figure using a mirror, magnifying glass (5X or greater), and light source, or borescope. ER18AP12.002

(4)If there is a crack, or if there is damage that exceeds the limits of the applicable maintenance manual, before further flight, replace the T/R blade with an airworthy T/R blade.

(5)This AD revises the Airworthiness Limitations section of the maintenance manual by reducing the life limit of the T/R blade to 600 hours TIS or 1,500 cycles.

(f)Special Flight Permits Special flight permits may be issued in accordance with 14 CFR 21.197 and 21.199 to operate the helicopter to a location where the requirements of this AD can be accomplished provided that there is minimal flight crew and there are no passengers.

(g)Alternative Methods of Compliance (AMOCs)

(1)The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Jim Grigg, Manager, FAA, Safety Management Group, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone:

(817)222-5112; fax:

(817)222-5961; email *jim.grigg@faa.gov.*

(2)For operations conducted under a Part 119 operating certificate or under Part 91, Subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office, before operating any aircraft complying with this AD through an AMOC.

(h)Additional Information

(1)Agusta Mandatory Bollettino Tecnico No. 139-265, dated August 25, 2011, which is not incorporated by reference, contains additional information about the subject of this AD. For service information identified in this AD, contact Agusta Westland, Customer Support & Services, Via Per Tornavento 15, 21019 Somma Lombardo

(VA)Italy, ATTN: Giovanni Cecchelli; telephone 39 0331-711133; fax 39 0331 711180; or at *http://www.agustawestland.com/technical-bullettins.* You may review a copy of the service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

(2)The subject of this AD is addressed in European Aviation Safety Agency (Italy) AD No. 2011-0156-E, dated August 25, 2011.

(i)Subject The Joint Aircraft Service Component

(JASC)Code is: 6410: Tail Rotor Blade. Issued in Fort Worth, Texas, on April 10, 2012. Lance T. Gant, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2012-9315 Filed 4-17-12; 8:45 am]

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