50582 Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0177; Directorate 

Identifier 2009–SW–59–AD; Amendment 39– 

17149; AD 2012–16–02] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Eurocopter France Model EC155B and 

EC155B1 helicopters with a VIP 4-seat 

bench to require revising the 

Limitations section of the Rotorcraft 

Flight Manual (RFM) and converting the 

VIP 4-seat bench into a 3-seat 

configuration. This AD was prompted 

by the determination that the load 

strength of the seat attachment hardware 

of the seat installation does not meet 

certification specifications. The required 

actions are intended to prevent 

overloading of the seat structure at the 

attachment point during a hard landing 

or emergency landing, which could 

result in the VIP 4-seat bench detaching 

from the floor and subsequent injury to 

the seat occupants. 

DATES: This AD is effective September 

26, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of September 26, 2012. 

ADDRESSES: For service information 

identified in this AD, contact American 

Eurocopter Corporation, 2701 N. Forum 

Drive, Grand Prairie, Texas 75052, 

telephone (972) 641–0000 or (800) 232– 

0323, fax (972) 641–3775, or at http:// 

www.eurocopter.com/techpub. You may 

review the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

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, any 

incorporated-by-reference service 

information, the economic evaluation, 

any comments received, and other 

information. The street address for the 

Docket Operations Office (phone: 800– 

647–5527) is U.S. Department of 

Transportation, Docket Operations 

Office, M–30, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Gary 

Roach, Aerospace Engineer, FAA, 

Regulations and Policy Group, 2601 

Meacham Blvd., Fort Worth, Texas 

76137; telephone: (817) 222–5130; fax: 

(817) 222–5961, email 

gary.b.roach@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On February 28, 2012, at 77 FR 11787, 

the Federal Register published our 

notice of proposed rulemaking (NPRM), 

which proposed to amend 14 CFR part 

39 to include an AD that would apply 

to Eurocopter France Model EC155B 

and EC155B1 helicopters with a VIP 4- 

seat bench. That NPRM proposed to 

require, before further flight, revising 

the Limitations section of the RFM, and 

within 15 hours time-in-service (TIS), 

converting the VIP 4-seat bench into a 

3-seat configuration. Instead of revising 

the Limitations section and converting 

the VIP 4-seat bench, the NPRM 

proposed to allow modifying the rear 

VIP 4-seat bench or the front VIP 4-seat 

bench by installing shims, which would 

constitute terminating action for the 

requirements of this AD. The proposed 

requirements were intended to prevent 

overloading of the seat structure at the 

attachment point during a hard landing 

or emergency landing, which could 

result in the VIP 4-seat bench detaching 

from the floor and subsequent injury to 

the seat occupants. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD No. 2009– 

0078R1, dated June 30, 2009 (AD No. 

2009–0078R1), to correct an unsafe 

condition for the Eurocopter model 

EC155B and EC155B1, all serial 

numbers up to and including 6892, 

fitted with a VIP 4-seat bench, P/N 

365V85–0045–01 or 365V85–0046–01. 

EASA advises that Eurocopter identified 

an unsafe condition while performing 

customization work that involved the 

installation of the VIP 4-seat bench. 

During the installation work, Eurocopter 

determined that the load strength of the 

seat attachment hardware of the seat 

installation did not meet certification 

specifications. EASA advises that this 

condition, if not corrected, would lead 

to overloading of the seat structure at 

the attachment point during an 

emergency landing, which could result 

in the seat bench detaching from the 

floor fitting rails and potentially 

resulting in injury to the seat occupants. 

Comments 

We gave the public the opportunity to 

participate in developing this AD, but 

we did not receive any comments on the 

NPRM. 

FAA’s Determination 

These helicopters have been approved 

by the aviation authority of France and 

are approved for operation in the United 

States. Pursuant to our bilateral 

agreement with France, EASA, its 

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 the EASA and determined 

the unsafe condition exists and is likely 

to exist or develop on other helicopters 

of the same type design and that air 

safety and the public interest require 

adopting the AD requirements as 

proposed. 

Related Service Information 

Eurocopter has issued Emergency 

Alert Service Bulletin (ASB) No. 

04A009, Revision 1, dated June 24, 2009 

(Emergency ASB No. 04A009R1), which 

revises Emergency Alert Service 

Bulletin No. 04A009, Revision 0, dated 

March 30, 2009 (Emergency ASB No. 

04A009R0). Emergency ASB No. 

04A009R0 specified revising the RFM to 

restrict the VIP 4-seat bench to a 

maximum of 3 occupants and 

converting the VIP 4-seat bench into a 

3-seat bench. EASA classified 

Emergency ASB No. 04A009R0 as 

mandatory to ensure the continued 

airworthiness of these helicopters and 

issued EASA Emergency AD No. 2009– 

0078–E, dated April 1, 2009 (Emergency 

AD No. 2009–0078–E). 

Eurocopter has now developed 

optional terminating actions, and issued 

Service Bulletin No. 25–095, Revision 0, 

dated June 25, 2009 (SB No. 25–095), 

which specifies installing new shims 

between the attachment rails and the 

cabin floor at the seat position to 

strengthen the attachment security of 

the seat. Eurocopter also issued 

Emergency ASB No. 04A009R1, which 

retained the requirements of Emergency 

ASB No. 04A009R0 and specified that 

helicopters modified in accordance with 

SB No. 25–095 had met the 

requirements of Emergency ASB No. 

04A009R1. In response, EASA issued 

AD No. 2009–0078R1, which retained 

the requirements of Emergency AD No. 

2009–0078–E and added the optional 

terminating action of modifying the seat 

configuration to strengthen the 

attachment security of the seat. EASA 

AD No. 2009–0078R1 also allows, after 

installing the bench modification kit, 


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Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations 50583 

removal of the RFM limitation of 3 

occupants. 

Differences Between This AD and the 

EASA AD 

This AD specifies that the conversion 

of the VIP 4-seat bench to a 3-seat bench 

must occur within 15 hours TIS, while 

the EASA AD specifies that compliance 

must occur within 15 hours TIS or 7 

days, whichever occurs first. This AD 

uses different P/Ns for the bench 

modification kits, because AD No. 

2009–0078R1 and SB No. 25–095 use 

different P/Ns for the same part, and 

this AD uses the P/N in SB No. 25–095. 

Costs of Compliance 

We estimate that this AD will affect 4 

helicopters of U.S. registry. We estimate 

that it will take a negligible amount of 

work hours per helicopter to amend the 

Limitation section of the applicable 

RFM. We estimate it will take 

approximately 0.25 hour to convert the 

VIP 4-seat bench to a 3-seat bench at an 

average labor rate of $85 per work hour. 

Estimated labor costs for the conversion 

are approximately $21.25 per helicopter, 

and approximately $85 for the fleet. 

Based on these figures, we estimate the 

total cost impact of the AD on U.S. 

operators to be $85, assuming that no 

helicopter has been previously modified 

with the rear VIP bench seat retrofit kit 

P/N 365V08–0079–0171 and the front 

VIP bench seat retrofit kit P/N 365V08– 

0079–0271. 

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 

helicopters identified in this rulemaking 

action. 

Regulatory Findings 

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 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): 

2012–16–02 Eurocopter France: 

Amendment 39–17149; Docket No. 

FAA–2012–0177; Directorate Identifier 

2009–SW–59–AD. 

(a) Applicability 

This AD applies to Model EC155B and 

EC155B1 helicopters, all serial numbers up to 

and including 6892, with a VIP 4-seat bench, 

part number (P/N) 365V85–0045–01 or 

365V85–0046–01, installed; certificated in 

any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

possible overloading of the seat structure at 

the attachment point during a hard landing 

or emergency landing. This condition could 

result in the bench seat detaching from the 

floor and subsequent injury to the seat 

occupants. 

(c) Effective Date 

This AD becomes effective September 26, 

2012. 

(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) Before further flight, revise the 

Limitations section of the Rotorcraft Flight 

Manual (RFM) by inserting the following 

statement into the Limitations section: ‘‘The 

VIP 4-seat bench, P/N 365V85–0045–01 or 

365V85–0046–01 is limited to 3 passengers.’’ 

You may make the change to the Limitations 

section of the RFM in pen and ink, or by 

inserting a copy of this AD into the 

Limitations section of the RFM. 

(2) Within the next 15 hours time-inservice, convert the VIP 4-seat bench into the 

3-seat configuration in accordance with 

paragraphs 2.B.1 through 2.B.3 and Figure 1 

of Eurocopter Emergency Alert Service 

Bulletin No. 04A009, Revision 1, dated June 

24, 2009. 

(f) Alternative Actions for Paragraph (e) 

Instead of complying with paragraphs 

(e)(1) and (e)(2) of this AD, you may modify 

the rear VIP 4-seat bench by installing the 

shims contained in rear VIP bench seat 

retrofit kit, P/N 365V08–0079–0171 (which 

corresponds to modification 365V08–0079– 

01), or the front VIP 4-seat bench by 

installing the shims contained in front VIP 

bench seat retrofit kit, P/N 365V08–0079– 

0271 (which corresponds to modification 

365V08–0079–02), in accordance with the 

Operational Procedure, paragraph 2.B. of the 

Eurocopter Service Bulletin No. 25–095, 

dated June 25, 2009. Modifying the VIP 4-seat 

bench constitutes terminating action for the 

requirements of this AD. 

(g) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Gary Roach, 

Aerospace Engineer, FAA, Regulations and 

Policy Group, 2601 Meacham Blvd., Fort 

Worth, Texas 76137; telephone: (817) 222– 

5130; fax: (817) 222–5961, email 

gary.b.roach@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. 

(h) Additional Information 

The subject of this AD is addressed in 

European Aviation Safety Agency AD No. 

2009–0078R1, dated June 30, 2009. 

(i) Subject 

Joint Aircraft Service Component (JASC) 

Code: 2500: Cabin Equipment/Furnishings. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 


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50584 Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Eurocopter Emergency Alert Service 

Bulletin No. 04A009, Revision 1, dated June 

24, 2009. 

(ii) Eurocopter Service Bulletin No. 25– 

095, dated June 25, 2009. 

(3) For service information identified in 

this AD, contact American Eurocopter 

Corporation, 2701 N. Forum Drive, Grand 

Prairie, Texas 75052, telephone (972) 641– 

0000 or (800) 232–0323, fax (972) 641–3775, 

or at http://www.eurocopter.com/techpub. 

(4) You may review the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 2601 

Meacham Blvd., Room 663, Fort Worth, 

Texas 76137. 

(5) You may also review copies of this 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Fort Worth, Texas, on July 26, 

2012. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–20342 Filed 8–21–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 400 

[Docket No.: FAA–2012–0318; Amdt. No. 

400–4] 

RIN 2120–AJ84 

Voluntary Licensing of Amateur 

Rocket Operations 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: The FAA is amending the 

scope of its regulations to allow launch 

operators that conduct certain amateur 

rocket launches an opportunity to 

voluntarily apply for a commercial 

space transportation license or 

experimental permit. 

DATES: Effective October 9, 2012. 

Submit comments on or before 

September 21, 2012. If adverse comment 

is received, the FAA will publish a 

timely withdrawal in the Federal 

Register. 

ADDRESSES: You may send comments 

identified by docket number FAA– 

2012–0318 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov, including 

any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions, contact Shirley 

McBride, Senior Transportation 

Industry Analyst, Regulations and 

Analysis Division, AST–300, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–7470; facsimile (202) 267–5463; 

email Shirley.McBride@faa.gov. 

For legal questions, contact Laura 

Montgomery, Senior Attorney for 

Commercial Space Transportation, 

Office of the Chief Counsel, Regulations 

Division, AGC–200, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3150; facsimile 

(202) 267–7971, email 

laura.montgomery@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules on 

commercial space transportation safety 

is found in Title 49 of the United States 

Codes, section 322(a), which authorizes 

the Secretary of Transportation to carry 

out Subtitle V, Chapter 509, 51 U.S.C. 

50901–50923, popularly referred to as 

the Commercial Space Launch Act or 

the CSLA. The CSLA authorizes the 

Department of Transportation (DOT) 

and thus the FAA, through delegations, 

to oversee, license, and regulate 

commercial launch and reentry 

activities, and the operation of launch 

and reentry sites as carried out by U.S. 

citizens or within the United States. 51 

U.S.C. 50904, 50905. The CSLA directs 

the FAA to exercise this responsibility 

consistent with public health and safety, 

safety of property, and the national 

security and foreign policy interests of 

the United States. 51 U.S.C. 50905. The 

FAA is also responsible for encouraging, 

facilitating, and promoting commercial 

space launches by the private sector. 51 

U.S.C. 50903. 

Direct Final Rule Procedure 

A direct final rule is a quicker way to 

issue rules that are not controversial. It 

is based on the Administrative 

Procedure Act’s good cause exception to 

notice and comment procedures. 5 

U.S.C. 553. We use this exception where 

we have found the public comment 

procedures to be unnecessary because 

we do not expect to receive adverse 

comment. It involves publishing a rule 

in the Federal Register with a statement 

that, unless we receive an adverse 

comment on the rule (or a notice of 

intent to file an adverse comment) 

within the comment period, the rule 

will become effective on a specified 

date. Normally, the effective date of a 

direct final rule is at least 30 calendar 

days after the end of the comment 

period. 

Adverse Comment 

An adverse comment explains why a 

rule would be inappropriate, or would 

be ineffective or unacceptable without a 

change. It may challenge the rule’s 

underlying premise or approach. In 

determining whether an adverse 

comment is significant enough to end a 

rulemaking, we consider whether the 

comment raises an issue that would 

warrant a substantive response in a 

notice of proposed rulemaking (NPRM). 

If we do not receive an adverse 

comment (or notice of intent to file an 

adverse comment), we publish a 

confirmation document in the Federal 

Register, generally within 30 calendar 

days after the comment period closes. 


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