This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

68169 

Vol. 75, No. 214 

Friday, November 5, 2010 

FEDERAL RETIREMENT THRIFT 

INVESTMENT BOARD 

5 CFR Part 1601 

Participants’ Choices of TSP Funds 

AGENCY: Federal Retirement Thrift 

Investment Board. 

ACTION: Correcting amendment. 

SUMMARY: This document contains a 

correction to a final regulation that 

amended the Thrift Savings Plan 

regulations, which was published in the 

Federal Register of June 1, 2005 (70 FR 

32208). 

DATES: Effective on November 5, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Laurissa Stokes at 202–942–1645. 

SUPPLEMENTARY INFORMATION: The 

Agency administers the Thrift Savings 

Plan (TSP), which was established by 

the Federal Employees’ Retirement 

System Act of 1986 (FERSA), Public 

Law 99–335, 100 Stat. 514. The TSP 

provisions of FERSA are codified, as 

amended, largely at 5 U.S.C. 8351 and 

8401–79. The TSP is a tax-deferred 

retirement savings plan for Federal 

civilian employees and members of the 

uniformed services. The TSP is similar 

to cash or deferred arrangements 

established for private-sector employees 

under section 401(k) of the Internal 

Revenue Code (26 U.S.C. 401(k)). 

The final regulation that is the subject 

of this correction was published in the 

Federal Register on June 1, 2005 (70 FR 

32208). As published, the final 

regulation contains an error or omission 

that may be misleading and needs to be 

clarified. 

Section 1601.32 of 5 CFR states that 

contribution allocations or interfund 

transfer requests received at or before 

12 noon eastern time of any business 

day will ordinarily be posted that 

business day. However, TSP participant 

publications all state that contribution 

allocations or interfund transfer requests 

received before 12 noon eastern time of 

any business day will ordinarily be 

posted that business day. Although the 

likelihood of the Agency receiving a 

request precisely at noon is low, and the 

modifier ‘‘ordinarily’’ would afford the 

Agency the opportunity to process the 

transaction the next business day, this 

final rule corrects the erroneous 

language to make the regulation 

consistent with TSP participant 

publications. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities. 

This regulation will affect Federal 

employees and members of the 

uniformed services who participate in 

the Thrift Savings Plan, which is a 

Federal defined contribution retirement 

savings plan created under the Federal 

Employees’ Retirement System Act of 

1986 (FERSA), Public Law 99–335, 100 

Stat. 514, and which is administered by 

the Agency. 

Paperwork Reduction Act 

I certify that these regulations do not 

require additional reporting under the 

criteria of the Paperwork Reduction Act. 

Unfunded Mandates Reform Act of 

1995 

Pursuant to the Unfunded Mandates 

Reform Act of 1995, 2 U.S.C. 602, 632, 

653, 1501–1571, the effects of this 

regulation on state, local, and tribal 

governments and the private sector have 

been assessed. This regulation will not 

compel the expenditure in any one year 

of $100 million or more by state, local, 

and tribal governments, in the aggregate, 

or by the private sector. Therefore, a 

statement under section 1532 is not 

required. 

Submission to Congress and the 

Government Accountability Office 

Pursuant to 5 U.S.C. 810(a)(1)(A), the 

Agency submitted a report containing 

this rule and other required information 

to the U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States before 

publication of this rule in the Federal 

Register. This rule is not a major rule as 

defined at 5 U.S.C. 804(2). 

List of Subjects in 5 CFR Part 1601 

Government employees, Pensions, 

Retirement. 

Gregory T. Long, 

Executive Director, Federal Retirement Thrift 

Investment Board. 

■ Accordingly, 5 CFR part 1601 is 

corrected by making the following 

correcting amendment: 

PART 1601—PARTICIPANTS’ 

CHOICES OF TSP FUNDS 

■ 1. The authority citation for part 1601 

continues to read as follows: 

Authority: 5 U.S.C. 8351, 8438, 8474(b)(5) 

and (c)(1). 

■ 2. Revise § 1601.32(a)(1) to read as 

follows: 

§ 1601.32 Timing and posting dates. 

(a) * * * 

(1) A transaction request entered into 

the TSP record keeping system by a 

participant who uses the TSP Web site 

or the ThriftLine, or by a TSP Service 

Office participant service representative 

at the participant’s request, before 12 

noon eastern time of any business day, 

will ordinarily be posted that business 

day. A transaction request entered into 

the system at or after 12 noon eastern 

time of any business day will ordinarily 

be posted on the next business day. 

* * * * * 

[FR Doc. 2010–28000 Filed 11–4–10; 8:45 am] 

BILLING CODE 6760–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1082; Directorate 

Identifier 2009–SW–041–AD; Amendment 

39–16491; AD 2010–23–02] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France (Eurocopter) Model SA–365N, 

SA–365N1, AS–365N2, and AS 365 N3 

Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This amendment adopts a 

new airworthiness directive (AD) for the 

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68170 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Rules and Regulations 

specified Eurocopter model helicopters. 

This action requires amending the 

Limitations section of the Rotorcraft 

Flight Manual (RFM) to limit the neverexceed velocity (VNE) to 150 Knots 

Indicated Air Speed (KIAS) and to add 

a 1,500 ft/minute rate of descent (R/D) 

limitation beyond 140 KIAS. This action 

also requires installing one or more 

placards on the cockpit instrument 

panel in full view of the pilot and copilot. This amendment is prompted by 

failures of the horizontal stabilizers on 

recently delivered Model AS 365 N3 

helicopters. Tests indicate that the 

failures were due to a vibration 

phenomenon that may arise during the 

descent flight phases at high speed 

regardless of the stabilizer installed. The 

actions specified in this AD are 

intended to restrict the VNE, to prevent 

failure of the horizontal stabilizer, and 

subsequent loss of control of the 

helicopter. 

DATES: Effective November 22, 2010. 

Comments for inclusion in the Rules 

Docket must be received on or before 

January 4, 2011. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: 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 AD from American 

Eurocopter Corporation, 2701 Forum 

Drive, Grand Prairie, TX 75053–4005, 

telephone (800) 232–0323, fax (972) 

641–3710, or at http:// 

www.eurocopter.com. 

Examining the Docket: You may 

examine the docket that contains the 

AD, any comments, and other 

information on the Internet at http:// 

www.regulations.gov, or in person at the 

Docket Operations office between 

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

Friday, except Federal holidays. The 

Docket Operations office (telephone 

(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. 

FOR FURTHER INFORMATION CONTACT: Gary 

Roach, Aviation Safety Engineer, FAA, 

Rotorcraft Directorate, Regulations and 

Guidance Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137, telephone 

(817) 222–5130, fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Emergency AD No. 2008–0204–E, dated 

December 4, 2008, to correct an unsafe 

condition for the specified Eurocopter 

model helicopters. EASA advises that 

Eurocopter has received reports of failed 

horizontal stabilizers on recently 

delivered AS 365 N3 helicopters. The 

failures occurred during acceptance test 

and training flights as part of the 

demonstration of the VNE and resulted 

in in-flight separation and loss of the 

failed sections. In each case, the 

helicopters succeeded in returning to 

base with no further problems. Tests 

conducted on the helicopter and in the 

laboratory have revealed the reported 

incidents were due to a vibration 

phenomenon that may arise in the 

descent flight phases at high speed 

‘‘regardless of the stabilizer definition.’’ 

Although EASA AD 2008–0110–E, 

dated June 6, 2008, which is superseded 

by EASA AD 2008–0204–E, dated 

December 4, 2008, applied to the Model 

SA–336G1, EASA states that the 

stabilizer assembly procedure on SA– 

366G1 helicopters modifies the dynamic 

behavior of the stabilizer. Since an 

unsafe condition does not exist on that 

helicopter, the SA–366G1 has been 

deleted from the EASA AD 

applicability. 

Related Service Information 

Eurocopter has issued an Emergency 

Alert Service Bulletin (EASB) with 3 

numbers (01.00.60, 01.00.16, and 01.28), 

Revision 1, dated December 2, 2008. 

EASB No. 01.00.60 applies to U.S. typecertificated Model SA–365N, SA– 

365N1, AS–365N2, and AS 365 N3 

helicopters and also to military Model 

AS365F, Fs, Fi, and K helicopters that 

are not type certificated in the United 

States. EASB No. 01.00.16 applies to 

military Model AS565AA, MA, MB, SA, 

SB, and UB helicopters that are not type 

certificated in the United States. EASB 

01.28 applies to the Model SA–366G1 

helicopter. The EASB specifies bonding 

one or more locally-produced labels to 

the instrument panel stating that the 

VNE is limited to 150 KIAS and the R/ 

D must not exceed 1,500 ft/min beyond 

140 KIAS. Eurocopter states in the 

EASB that it is working on an enhanced 

definition that will be proposed as soon 

as possible. EASA classified this EASB 

as mandatory and issued Emergency AD 

No. 2008–0204–E, dated December 4, 

2008, to ensure the continued 

airworthiness of these helicopters. 

FAA’s Evaluation and Unsafe Condition 

Determination 

These helicopters have been approved 

by the aviation authority of France and 

are approved for operation in the United 

States. Pursuant to our bilateral 

agreement with France, EASA, their 

technical representative, has notified us 

of the unsafe condition described in the 

MCAI 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. 

Differences Between This AD and the 

EASA AD 

This AD uses a compliance time of 

before further flight rather than before 

next flight after June 7, 2008, as stated 

in the EASA AD. 

FAA’s Determination and Requirements 

of This AD 

This unsafe condition is likely to exist 

or develop on other helicopters of these 

same type designs. Therefore, this AD is 

being issued to restrict the VNE to 

prevent failure of the horizontal 

stabilizer and subsequent loss of control 

of the helicopter. This AD requires 

amending the Limitations section of the 

RFM to limit the VNE to 150 KIAS and 

to add a 1,500 ft/minute R/D limitation 

for airspeeds beyond 140 KIAS. This 

action also requires installing one or 

more placards on the cockpit instrument 

panel in full view of the pilot and copilot stating the limitations. The change 

to the Operating limitation section of 

the RFM may be made in pen and ink 

or a copy of this AD may be filed in the 

Limitations section of the RFM. 

The short compliance time involved 

is required because the previously 

described critical unsafe condition can 

adversely affect the controllability and 

structural integrity of the helicopter. 

Amending the Limitations section of the 

RFM to limit the VNE to 150 KIAS and 

adding a 1,500 ft/minute R/D limitation 

beyond 140 KIAS are required before 

further flight and installing one or more 

placards on the cockpit instrument 

panel is required. Therefore, this AD 

must be issued immediately. 

Since a situation exists that requires 

the immediate adoption of this 

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Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Rules and Regulations 68171 

regulation, it is found that notice and 

opportunity for prior public comment 

hereon are impracticable, and that good 

cause exists for making this amendment 

effective in less than 30 days. 

Costs of Compliance 

We estimate that this AD will affect 

about 39 helicopters of U.S. registry. We 

also estimate that it will take about l

⁄2

work-hour per helicopter to make copies 

to include in the RFM and to make and 

install the placards. The average labor 

rate is $85 per work-hour. The parts 

costs are minimal. Based on these 

figures, we estimate the cost of this AD 

on U.S. operators is $1,658 for the fleet. 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

written data, views, or arguments 

regarding this AD. Send your comments 

to an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2010–1082; 

Directorate Identifier 2009–041–SW– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the AD. We will consider all comments 

received by the closing date and may 

amend the AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this AD. Using the 

search function of the docket web site, 

you can find and read the comments to 

any of our dockets, including the name 

of the individual who sent the 

comment. You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that the regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

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

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 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 an economic evaluation 

of the estimated costs to comply with 

this AD. See the AD docket to examine 

the economic evaluation. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of 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, Safety. 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends part 39 of the Federal Aviation 

Regulations (14 CFR part 39) as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 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. Section 39.13 is amended by adding 

a new airworthiness directive to read as 

follows: 

2010–23–02 Eurocopter France: 

Amendment 39–16491; Docket No. 

FAA–2010–1082; Directorate Identifier 

2009–SW–041–AD. 

Applicability: Model SA–365N, SA–365N1, 

AS–365N2, and AS 365 N3–helicopters, with 

a horizontal stabilizer, part number 365A13– 

3030–1901, –1902, –1903, –1904, –1905, 

–1906, –1908, –1909; 365A13–3036–00, 

–0001, –0002, –0003; or 365A13–3038–00, 

installed, certificated in any category. 

Compliance: Before further flight, unless 

accomplished previously. 

To restrict the never-exceed velocity (VNE) 

to prevent failure of the horizontal stabilizer, 

and subsequent loss of control of the 

helicopter, do the following: 

(a) Revise the airspeed operating limitation 

in the Limitations section of the Rotorcraft 

Flight Manual (RFM) by making pen and ink 

changes or by inserting a copy of this AD into 

the RFM stating: ‘‘The never-exceed speed 

(VNE) is limited to 150 knots indicated 

airspeed (KIAS),’’ and ‘‘The rate-of-descent 

(R/D) must not exceed 1,500 ft/min when the 

airspeed is beyond 140 KIAS.’’ 

(b) Install one or more self-adhesive 

placards, with 6 millimeter red letters on 

white background, on the cockpit instrument 

panel in full view of the pilot and co-pilot 

to read as follows: 

‘‘VNE LIMITED TO 150 KIAS’’ 

‘‘R/D MUST NOT EXCEED 1,500 ft/min 

when airspeed is beyond 140 KIAS’’ 

(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 Safety 

Management Group: ATTN: Gary Roach, 

Aerospace Engineer, FAA, Regulations and 

Policy Group, 2601 Meacham Blvd., Fort 

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

5130; fax: 817–222–5961, for information 

about previously approved alternative 

methods of compliance. 

(d) The Joint Aircraft System/Component 

(JASC) Code is 5510: Horizontal Stabilizer 

Structure. 

(e) This amendment becomes effective on 

November 22, 2010. 

Note: The subject of this AD is addressed 

in European Aviation Safety Agency 

Emergency AD No. 2008–0204–E, dated 

December 4, 2008, and in Eurocopter 

Emergency Alert Service Bulletin No. 

01.00.60, Revision 1, dated December 2, 

2008, for the Model AS365N series 

helicopters. 

Issued in Fort Worth, Texas, on October 15, 

2010. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–27972 Filed 11–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

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