75934 Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Proposed Rules 

Actions Compliance Procedures 

(1) Inspect the elevator control tabs for discrepancies.Initially within the next 50 hours time-in-service (TIS) after the effective date of this AD. 

Repetitively thereafter inspect at intervals 

not to exceed 100 hours TIS.

Following DHC–3 Otter Temporary Revisions 

No. 18, No. 19, and No. 20, all dated December 5, 2008. 

(2) If any discrepancies are found during any 

inspection required in paragraph (f)(1) of this 

AD, take necessary corrective actions to 

bring all discrepancies within acceptable tolerances.

Before further flight after any inspection in 

which discrepancies are found.

Following DHC–3 Otter Temporary Revisions 

No. 18, No. 19, and No. 20, all dated December 5, 2008. 

(3) If, during any inspection required in paragraph (f)(1) of this AD, the total maximum 

free play of the elevator servo tab and trim 

tab relative to the elevator exceeds 1.0 degree (this is equal to a maximum displacement of 0.070′′ at the trailing edge), report 

the results of the inspection to the FAA. The 

Office of Management and Budget (OMB) approved the information collection requirements contained in this regulation under the 

provisions of the Paperwork Reduction Act of 

1980 (44 U.S.C. 3501 et seq.) and assigned 

OMB Control Number 2120–0056.

Within 30 days after the inspection. We are 

collecting these inspection results for 24 

months after the effective date of this AD. 

The reporting requirements of this AD are 

no longer required after that time.

Use the form (Figure 1 of this AD) and submit 

it to FAA, Small Airplane Directorate, Attn: 

Jim Rutherford, 901 Locust, Room 301, 

Kansas City, Missouri 64106. 

DOCKET NO. FAA–2010–1192 

Airplane Serial Number: 

Time-in-Service (TIS) of Airplane: 

Airplane Engine Type/Model Number/Series 

Number: 

TIS of Airplane When Current Engine was Installed: 

Date When Current Engine was Installed: 

STC Number that Installed Current Engine (if 

applicable): 

Out of Tolerance Recording: 

Corrective Action Taken: 

Any Additional Information (Optional): 

Name: 

Telephone and/or Email Address: 

Date: 

Send report to: Jim Rutherford, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; facsimile: (816) 329–4090; email: 

jim.rutherford@faa.gov. 

Figure 1 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, New York Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

(2) Before using any approved AMOC, 

notify your Principal Maintenance Inspector 

or Principal Avionics Inspector, as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

Related Information 

(h) For more information about this AD, 

contact George Duckett, Aerospace Engineer, 

New York ACO, FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, New York 11590; 

telephone: (516) 228–7325; fax: (516) 794– 

5531; email: george.duckett@faa.gov. 

(i) To get information about the revisions 

to the maintenance program identified in this 

proposed AD, contact Viking Air Ltd., 9574 

Hampden Road, Sidney, BC Canada V8L 5V5; 

telephone: (800) 663–8444; Internet: http:// 

www.vikingair.com. You may review copies 

of the referenced revision at the FAA, Small 

Airplane Directorate, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the FAA, call 

816–329–4148. 

Issued in Kansas City, Missouri, on 

December 1, 2010. 

Christina L. Marsh, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–30614 Filed 12–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1190; Directorate 

Identifier 2010–SW–038–AD] 

RIN 2120–AA64 

Airworthiness Directives; Apical 

Industries Inc. (Apical) Emergency 

Float Kits 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This document proposes 

adopting a new airworthiness directive 

(AD) for the Apical emergency float kits 

installed on certain model helicopters 

under supplemental type certificates. 

This proposal would require adding 

placards on each side of the fuselage to 

identify the location and operation of 

the liferaft external inflation handle. 

The proposal would also require 

replacing each liferaft operation placard 

to state that external liferafts are 

installed. This proposal is prompted by 

a report of a helicopter that crashed into 

the water, and the pilot did not deploy 

the floats and liferafts. Two external Thandles were available for deployment 

of the liferafts but were not used by the 

passengers because they were unaware 

of their location. The proposed actions 

are intended to prevent helicopter 

occupants from further injury due to 

unnecessary exposure to harsh water 

conditions and to aid in deploying 

liferafts when liferafts are available on 

the helicopter and can be activated after 

a water landing. 

DATES: Comments must be received on 

or before February 7, 2011. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• 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 proposed AD from 

Apical Industries, Inc., 2608 Temple 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Proposed Rules 75935 

Heights Drive, Oceanside, California 

92056–3512, telephone (760) 724–5300, 

fax (760) 758–9612. 

You may examine the comments to 

this proposed AD in the AD docket on 

the Internet at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Venessa Stiger, Aviation Safety 

Engineer, FAA, Los Angeles Aircraft 

Certification Office, 3960 Paramount 

Blvd., Lakewood, California 90712– 

4137, telephone (562) 627–5337, fax 

(562) 627–5210. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any written 

data, views, or arguments regarding this 

proposed AD. Send your comments to 

the address listed under the caption 

ADDRESSES. Include the docket number 

‘‘FAA–2010–1190, Directorate Identifier 

2010–SW–038–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments received by the 

closing date and may amend the 

proposed 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 proposed 

rulemaking. Using the search function 

of our docket web site, you can find and 

read the comments to any of our 

dockets, including the name of the 

individual who sent or signed 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). 

Examining the Docket 

You may examine the docket that 

contains the proposed AD, any 

comments, and other information 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 

(800) 647–5527) 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. 

Discussion 

This document proposes adopting a 

new AD for the Apical emergency float 

kits installed on certain model 

helicopters under Supplemental Type 

Certificate Number SR01535LA, 

SR01779LA, SR01813LA, SR01855LA, 

or SR00856LA. This proposal would 

require adding external placards (one on 

each side of the fuselage or crosstubes) 

to identify the location and operation of 

the liferaft external inflation handle. 

The proposal would also require 

replacing each liferaft operation placard 

to state that external liferafts are 

installed. This proposal is prompted by 

a report of a helicopter that crashed into 

the water, and the pilot did not deploy 

the floats or the liferafts. Two external 

T-handles were available for 

deployment of the liferafts but were not 

used because the passengers were 

unaware of their location. This 

condition, if not corrected, could result 

in unnecessary injury or loss of life in 

the event of a helicopter landing in the 

water. 

We have reviewed Apical Alert 

Service Bulletin No. SB2008–01, 

Revision A, dated March 3, 2010 (ASB), 

which describes procedures for 

installing a Liferaft External Inflation 

Handle Placard, part number (P/N) 

600.0897, onto the crosstube or fuselage 

of each affected helicopter. The ASB 

also provides instructions for replacing 

the previous Liferaft Operation Placard, 

P/N 634.9703, located ‘‘typically above 

an exit’’with a revised version (Revision 

C) stating that the aircraft is equipped 

with external liferafts. 

This unsafe condition is likely to exist 

or develop on other helicopters of these 

same type designs modified with an 

Emergency Float with a Liferaft Kit 

pursuant to a supplemental type 

certificate issued to Apical Industries, 

Inc. Therefore, for those affected model 

helicopters, the proposed AD would 

require installing a Liferaft External 

Inflation Handle Placard, P/N 600.0897, 

onto the crosstube or fuselage. Also, the 

AD would require replacing the Liferaft 

Operation Placard, P/N 634.9703. The 

actions would be required to be done by 

following the ASB described previously. 

We estimate that this proposed AD 

would affect 324 helicopters of U.S. 

registry, and the proposed actions 

would take about 1⁄2 work hour per 

helicopter to install 4 or 6 placards at 

an average labor rate of $85 per work 

hour. Required parts would cost about 

$70 per helicopter. Based on these 

figures, we estimate the total cost 

impact of the proposed AD on U.S. 

operators to be $36,450 for the entire 

fleet. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. Additionally, 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 above, I 

certify that the 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); and 

3. 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 a draft economic 

evaluation of the estimated costs to 

comply with this proposed AD. See the 

AD docket to examine the draft 

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. 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the Federal Aviation 

Administration proposes to amend part 

39 of the Federal Aviation Regulations 

(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. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
75936 Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Proposed Rules 

§ 39.13 [Amended] 

2. Section 39.13 is amended by 

adding a new airworthiness directive to 

read as follows: 

Apical Industries Inc.: Docket No. FAA– 

2010–1190; Directorate Identifier 2010– 

SW–038–AD. 

Applicability: The helicopter models, 

certificated in any category, with an 

Emergency Float Kit with a part number 

(P/N) and serial number (S/N), installed by 

supplemental type certificate (STC), as 

follows: 

Kit P/N Kit S/N Affected helicopter model STC No. 

614.3001 ....................... 080 and below ..................... Bell Helicopter Textron (Bell) 407 ............................................................ SR01535LA 

614.3003 ....................... 133 and below ..................... Bell 206L, L–1, L–3, and L–4 .................................................................. SR01535LA 

614.3007 ....................... 014 and below ..................... Bell 206A and B ....................................................................................... SR01535LA 

614.7601 ....................... 045 and below ..................... Bell 210, 212, 412, 412CF, 412EP, AB412, and AB412EP .................... SR01779LA 

634.2901 ....................... 012 and below ..................... Bell 427 .................................................................................................... SR01813LA 

644.1801 ....................... 031 and below ..................... Eurocopter Deutschland Gmbh (Eurocopter) EC135 .............................. SR01855LA 

20430–300 .................... 009 and below ..................... Eurocopter BO–105A, C, S, LS A–1 and LS A–3 ................................... SR00856LA 

Compliance: Within 180 days, unless 

accomplished previously. 

To install placards to aid in locating and 

deploying liferafts to prevent further injury 

or loss of life in the event of a helicopter 

landing in the water, do the following: 

(a) Install the Liferaft External Inflation 

Handle Placard, P/N 600.0897, shown in 

Figure 1 of Apical Industries Inc. Alert 

Service Bulletin SB2008–01, Revision A, 

dated March 3, 2010 (ASB), on the crosstubes 

or fuselage near the external T–Handles, as 

shown for two model helicopters in Figures 

2 and 3, by following the Accomplishment 

Instructions, 1.0, paragraphs 1 through 5, of 

the ASB. 

(b) Remove the Liferaft Operation Placard, 

P/N 634.9703, Revision N/C through B, as 

shown in Figure 4 of the ASB, and install 

Liferaft Operation Placard, P/N 634.9703, 

Revision C, as shown in Figure 5, above all 

aircraft exits, inside the aircraft in plain 

view. 

(c) 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, Los Angeles 

Aircraft Certification Office, FAA, Attn: 

Venessa Stiger, Aviation Safety Engineer, 

3960 Paramount Blvd., Lakewood, California 

90712–4137, telephone (562) 627–5337, fax 

(562) 627–5210, for information about 

previously approved alternative methods of 

compliance. 

(d) The Joint Aircraft System/Component 

(JASC) Codes are 2564: Liferaft and 3212: 

Emergency Flotation Section. 

Issued in Fort Worth, Texas, on November 

22, 2010. 

Lance T. Gant, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–30616 Filed 12–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 1141 

[Docket No. FDA–2010–N–0568] 

RIN 0910–AG41 

Required Warnings for Cigarette 

Packages and Advertisements; 

Research Report 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of availability and 

request for comments. 

SUMMARY: The Food and Drug 

Administration (FDA) is announcing 

that it has added a document to the 

docket for the proposed rulemaking 

concerning required textual warnings 

and accompanying graphics to be 

displayed on cigarette packages and in 

cigarette advertisements. The document 

is a report entitled ‘‘Report: 

Experimental Study of Graphic Cigarette 

Warning Labels’’ (Experimental Study 

Report) and it describes the results from 

a research study that quantitatively 

evaluated the relative impact of certain 

color graphics on consumer attitudes, 

beliefs, perceptions, and intended 

behaviors related to cigarette smoking. 

The purpose of this notice is to provide 

the public an opportunity to review and 

comment on the Experimental Study 

Report. 

DATES: Interested persons may submit 

either electronic or written comments 

by January 11, 2011. 

ADDRESSES: You may submit comments, 

identified by Docket No. FDA–2010–N– 

0568, by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written submissions in the 

following ways: 

• Fax: 301–827–6870. 

• Mail/Hand delivery/Courier (for 

paper, disk, or CD–ROM submissions): 

Division of Dockets Management (HFA– 

305), Food and Drug Administration, 

5630 Fishers Lane, rm. 1061, Rockville, 

MD 20852. 

Instructions: All submissions received 

must include the agency name and 

docket number and Regulatory 

Information Number (RIN). All 

comments received may be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

additional information on submitting 

comments, see the ‘‘Comments’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Division of Dockets 

Management, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Gerie Voss or Kristin Davis, Center for 

Tobacco Products, Food and Drug 

Administration, 9200 Corporate Blvd., 

Rockville, MD 20850–3229, 877–287– 

1373, gerie.voss@fda.hhs.gov or 

kristin.davis@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Family Smoking Prevention and 

Tobacco Control Act (Tobacco Control 

Act) was enacted on June 22, 2009, 

amending the Federal Food, Drug, and 

Cosmetic Act and the Federal Cigarette 

Labeling and Advertising Act (FCLAA), 

and providing FDA with the authority to 

regulate tobacco products (Pub. L. 111– 

31; 123 Stat. 1776). Section 201 of the 

Tobacco Control Act modifies section 4 


srobinson on DSKHWCL6B1PROD with PROPOSALS