54792 Federal Register / Vol. 78, No. 173 / Friday, September 6, 2013 / Proposed Rules 

Background 

The original certification of the 

aircraft was done under the provisions 

of 14 CFR 21.29, as a § 21.17(b), special 

class aircraft, JAR–VLA, using the 

requirements of JAR–VLA Amendment 

VLA/92/01 as developed by the Joint 

Aviation Authority, and under Title 14 

of the Code of Federal Regulations and 

two additional design criteria issued on 

September 2, 2003 (68 FR 56809). 

The regulation applicable to the 

Amended Type Certificate (TC) 

approval is § 21.17(b). This section 

describes the regulatory basis for the 

approval of JAR–VLA and CS–VLA 

aircraft as a special class. Policy on this 

subject includes AC 23–11B and AC 

21.17–3. 

FAA policy expressed in AC 23–11B 

and AC 21.17–3 limits JAR–VLA and 

CS–VLA aircraft approved under 

§ 21.17(b), to Day-VFR operations. 

Additionally, the FAA also published 

design criteria to allow expansion of the 

Aquila AT01–100 airplane to include 

Night-VFR as shown in NPRM 75 FR 

32576. In conjunction with the 

expansion to Night-VFR operations 

intergrated avionic displays are to be 

installed on the Aquila AT01–100 

airplane. 

EASA allowed the applicant to 

comply with CS–23 regulations for the 

intergrated avionic displays installed on 

the Aquila AT01–100 airplane and 

made them part of the EASA 

certification basis, but did not publish 

these additional requirements as Special 

Conditions as they did for the NightVFR expansion. The FAA’s system does 

not allow this type of additional 

requirements, such as 14 CFR part 23 

regulations, to be added to a special 

class, § 21.17(b) airplane without being 

publically noticed either through design 

criteria or expansion of the existing AC 

23–11B. This is the reason for this 

design criteria noticification. 

The FAA has concluded that it is 

acceptable to allow advanced 

intergrated avionic systems for 

certification on the Aquila Model 

AT01–100 under the special class 

amended TC project AT00651CE–A, 

provided the applicant complies with 

the below listed design criteria based on 

existing part 23 regulations at the 

described amendment levels. Revisions 

to AC 23–11B and AC 21.17–3 will be 

made to address future airplanes that 

wish to allow these installations. 

To satisfy the additional required 

design criteria for the Special Class 

(JAR–VLA) Regulations of § 21.17(b), 

Aquila Aviation by Excellence GmbH 

has agreed with the FAA to use the 14 

CFR part 23 regulations for their Model 

AT01–100, as shown on the FAA G–1 

Issue Paper. The applicable criteria for 

the installation of advanced avionic 

displays on the Aquila AT01–100 are as 

follows: 

14 CFR 23.867 at amendment 23–49, 

‘‘Electrical bonding and protection 

against lightning and static 

electricity’’ 

14 CFR 23.1307 at amendment 23–49, 

‘‘Miscellaneous Equipment’’ 

14 CFR 23.1311 at amendment 23–62, 

‘‘Electronic Display Instrument 

Systems’’ 

14 CFR 23.1321 at amendment 23–49, 

‘‘Arrangement and visibility’’ 

14 CFR 23.1359 at amendment 23–49, 

‘‘Electrical System Fire Protection’’. 

In addition to the above five regulations 

that will be used for design criteria, the 

FAA has also developed a methods of 

compliance (MOC) issue paper for VLA– 

1309 for this type of installation. 

Comments Invited 

We invite interested parties to submit 

comments on the proposed 

airworthiness standards to the address 

specified above. Commenters must 

identify the Aquila Model AT01–100 

and submit comments to the address 

specified above. The FAA will consider 

all communications received on or 

before the closing date before issuing 

the final acceptance. The proposed 

airworthiness design standards and 

comments received may be inspected at 

the FAA, Small Airplane Directorate, 

Aircraft Certification Service, Standards 

Office (ACE–110), 901 Locust Street, 

Room 301, Kansas City, MO 64106, 

between the hours of 7:30 a.m. and 4:00 

p.m. weekdays, except Federal holidays. 

Issued in Kansas City, Missouri on August 

5, 2013. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–20150 Filed 9–5–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0770; Directorate 

Identifier 2011–SW–057–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France (Eurocopter) Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Eurocopter Model EC225 LP helicopters. 

This proposed AD would add a new 

operating limitation that would require 

increasing the minimum density 

altitude flight limitation for helicopters 

without certain Eurocopter 

modifications installed. This proposed 

AD is prompted by a report that flights 

below a certain density altitude create 

oscillations in the main rotor which can 

transfer dynamic loads to the structure, 

the main gearbox (MGB), and the main 

servo-control inputs, which could result 

in subsequent loss of control of the 

helicopter. 

DATES: We must receive comments on 

this proposed AD by November 5, 2013. 

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 proposed AD, the 

foreign authority’s AD, the economic 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations Office (telephone 

800–647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

For service information identified in 

this proposed AD, contact American 

Eurocopter Corporation, 2701 N. Forum 

Drive, Grand Prairie, TX 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. 

FOR FURTHER INFORMATION CONTACT: Gary 

Roach, Aviation Safety Engineer, 

Regulations and Policy Group, 

Rotorcraft Directorate, FAA, 2601 


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Federal Register / Vol. 78, No. 173 / Friday, September 6, 2013 / Proposed Rules 54793 

Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; email 

gary.b.roach@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to participate in this 

rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to the 

economic, environmental, energy, or 

federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit only one time. 

We will file in the docket all 

comments that we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD No. 2008– 

0007R3, dated May 12, 2010, to correct 

an unsafe condition for Eurocopter 

Model EC225 LP helicopters that are 

‘‘not equipped of all three modifications 

MOD 0726582, MOD 0726477, and 

MOD 0726583, or, if not equipped of 

MOD 0726592, or, if equipped with all 

three modifications MOD 0726606, 

MOD 0726610, MOD 0726611 and 

missing accomplishment of MOD 

0726632.’’ EASA advises that the main 

rotor control linkage has a coupling 

between the MGB motion and the main 

servo-control inputs. According to 

EASA, in certain flight conditions with 

increased air density, this design 

generates ‘‘spurious’’ 14 Hertz control 

inputs in the main rotor, which, in 

return, transfer dynamic loads to the 

structure. These return dynamic loads 

give feedback to the MGB motion, 

inducing a continuous vibration 

phenomenon. EASA states that flight 

tests have demonstrated that below 

certain density altitudes, the occurrence 

of the vibration phenomenon is 

significantly increased or even diverges, 

which could lead to the loss of control 

of the helicopter. EASA advises that 

Eurocopter has continued to develop 

modifications (MODs) for correcting the 

vibrations below certain density 

altitudes, and therefore, helicopters 

with the following MODs installed are 

exempt from the applicability of EASA 

AD No. 2008–0007R3: 

• MOD 0726582 relating to Vehicle 

Management System (VMS) software 

version V11.01, MOD 0726583 relating 

to full authority digital engine control 

(FADEC) software version V2.4.5 and 

MOD 0726477 relating to servo-controls 

with attenuated dynamic response; 

• MOD 0726592 relating to new 

Makila 2A1 engines; and 

• MOD 0726632 which allows flight 

to ¥6,000 feet density altitude. 

To correct this unsafe condition, 

EASA issued AD 2008–0007R3, which 

requires revising the Rotorcraft Flight 

Manual (RFM) to prohibit operation 

below ¥2,000 feet density altitude for 

helicopters without certain 

modifications installed. 

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 its 

AD. We are proposing this AD because 

we evaluated all known relevant 

information and determined that an 

unsafe condition is likely to exist or 

develop on other products of the same 

type design. 

Related Service Information 

Eurocopter has issued EC225LP 

Emergency Alert Service Bulletin (ASB) 

No. 04A001, Revision 3, dated May 6, 

2010, which specifies inserting RFM 

revision ‘‘Normal Revision RN11 (10– 

04) or later, associated with conditional 

revision RCe (10–04) or later’’ into the 

RFM for helicopters equipped with 

screen air intakes and inserting ‘‘Normal 

Revision RN21 (10–05) or later, 

associated with conditional revision 

RCe (10–04) or later’’ into the RFM for 

helicopters equipped with multipurpose air intakes. Both RFM revisions 

limit the minimum altitude for flight to 

¥2,000 feet density altitude. 

Proposed AD Requirements 

This proposed AD would require, 

within 50 hours time-in-service (TIS), 

amending the RFM to limit minimum 

flight altitude to ¥2,000 feet density 

altitude. 

Differences Between This Proposed AD 

and the EASA AD 

The EASA AD specifies a compliance 

time of 30 days, while the proposed AD 

requires compliance within 50 hours 

TIS. 

Costs of Compliance 

We estimate that this proposed AD 

would affect three helicopters of U.S. 

Registry and that the costs to comply 

with this AD by revising the RFM are 

negligible. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed, I certify 

this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska to the extent that it justifies 

making a regulatory distinction; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared an economic evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 


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54794 Federal Register / Vol. 78, No. 173 / Friday, September 6, 2013 / Proposed Rules 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

EUROCOPTER FRANCE (EUROCOPTER): 

Docket No. FAA–2013–0770; Directorate 

Identifier 2011–SW–057–AD. 

(a) Applicability 

This AD applies to Eurocopter Model 

EC225 LP helicopters, certificated in any 

category, except helicopters with the 

following modifications (MOD) installed: 

(1) MOD 0726582, MOD 0726477, and 

MOD 0726583; 

(2) MOD 0726592; or 

(3) MOD 0726632. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

oscillations in the main rotor which can 

transfer dynamic loads to the structure, the 

main gearbox (MGB), and the main servocontrol inputs, which could result in 

subsequent loss of control of the helicopter. 

(c) Comments Due Date 

We must receive comments by November 

5, 2013. 

(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 Action 

Within 50 hours time-in-service (TIS), 

revise the Operating Limitations section of 

the Eurocopter EC225LP Rotorcraft Flight 

Manual (RFM) by inserting a copy of this AD 

into Section 2.3 of the RFM, or by making 

pen and ink changes as follows. Under 

paragraph 1, Altitude Limits, add the phrase: 

‘‘The minimum altitude is limited to 

¥2,000 feet density altitude.’’ 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Gary Roach, 

Aviation Safety Engineer, Regulations and 

Policy Group, Rotorcraft Directorate, FAA, 

2601 Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; 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. 

(g) Additional Information 

(1) Eurocopter EC225LP Emergency Alert 

Service Bulletin No. 04A001, Revision 3, 

dated May 4, 2010, which is not incorporated 

by reference, contains additional information 

about the subject of this AD. For service 

information identified in this AD, contact 

American Eurocopter Corporation, 2701 N. 

Forum Drive, Grand Prairie, TX 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. 

(2) The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2008–0007R3, dated May 12, 2010. You 

may view the EASA AD in the AD docket on 

the Internet at http:/www.regulations.gov. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 2200: Auto Flight System. 

Issued in Fort Worth, Texas, on August 29, 

2013. 

Kim Smith, 

Directorate Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–21724 Filed 9–5–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0315; Directorate 

Identifier 2013–CE–006–AD] 

RIN 2120–AA64 

Airworthiness Directives; GROBWERKE Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: This document withdraws a 

notice of proposed rulemaking (NPRM) 

that would have applied to GROBWERKE GMBH & CO KG Model G 115E 

airplanes. The proposed airworthiness 

directive (AD) would have required a 

one-time inspection to verify correct 

cable routing behind the LH cockpit 

instrument panel and, depending on 

findings, correction and replacement of 

damaged parts. Since issuance of the 

NPRM, the FAA has re-evaluated this 

airworthiness concern and determined 

that the airplanes affected are not type 

certificated in the United States. This 

withdrawal does not prevent the FAA 

from initiating future rulemaking on this 

subject. 

DATES: As of September 6, 2013, the 

proposed rule published April 9, 2013 

(78 FR 21082), is withdrawn. 

FOR FURTHER INFORMATION CONTACT: 

Taylor Martin, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4138; fax: (816) 329–4090; email: 

taylor.martin@faa.gov. 

SUPPLEMENTARY INFORMATION:

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. The 

NPRM published in the Federal 

Register on April 9, 2013 (78 FR 21082). 

The NPRM proposed to require you to 

do a one-time inspection to verify 

correct cable routing behind the LH 

cockpit instrument panel and, 

depending on findings, correction and 

replacement of damaged parts. 

Because of the comments received on 

the NPRM (78 FR 21082, April 9, 2013) 

that pointed out the Model G 115E 

airplane is not type certificated in the 

United States, the FAA re-evaluated the 

airworthiness concern and determined 

that the airplanes affected are not 

certificated in the United States and 

concluded that: 

• An unsafe condition warranting AD 

action does not exist; and 

• the associated level of risk does not 

warrant AD action. 

Withdrawal of this NPRM (78 FR 

21082, April 9, 2013) constitutes only 

such action and does not preclude the 

agency from issuing future rulemaking 

on this issue, nor does it commit the 

agency to any course of action in the 

future. 

Regulatory Findings 

Since this action only withdraws an 

NPRM, it is neither a proposed nor a 

final rule and therefore, is not covered 

under Executive Order 12866, the 

Regulatory Flexibility Act, or DOT 

Regulatory Policies and Procedures (44 

FR 11034, February 26, 1979). 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 


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