Federal Register / Vol. 77, No. 186 / Tuesday, September 25, 2012 / Proposed Rules 58971 

Novel or Unusual Design Features 

The Model EMB–550 airplane will 

incorporate the following novel or 

unusual design features: 

The engine proposed for the Embraer 

Model EMB–550 airplane is a mediumbypass-ratio turbofan jet engine that will 

not seize and produce transient torque 

loads in the same manner that is 

envisioned by current § 25.361(b)(1) 

related to ‘‘sudden engine stoppage.’’ 

Discussion 

The limit engine torque load imposed 

by sudden engine stoppage due to 

malfunction or structural failure (such 

as compressor jamming) has been a 

specific requirement for transportcategory airplanes since 1957. In the 

past, the design torque loads associated 

with typical failure scenarios have been 

estimated by the engine manufacturer 

and provided to the airframe 

manufacturer as limit loads. These limit 

loads were considered simple, purely 

static torque loads. The size, 

configuration, and failure modes of jet 

engines have changed considerably from 

what was envisioned when the engineseizure requirement of § 25.361(b) was 

first adopted. Current engines are much 

larger and are now designed with large 

bypass fans capable of producing much 

larger torque loads if they become 

jammed. 

Relative to the engine configurations 

that existed when the rule was 

developed in 1957, the present 

generation of engines are sufficiently 

different and novel to justify issuance of 

special conditions to establish 

appropriate design standards. The latest 

generations of jet engines are capable of 

producing, during failure, transient 

loads that are significantly higher and 

more complex than the generation of 

engines that were present when the 

existing standard was developed. 

Therefore, the FAA has determined that 

special conditions are needed for the 

Embraer Model EMB–550 airplane. 

To maintain the level of safety 

envisioned in § 25.361(b), more 

comprehensive criteria are needed for 

the new generation of high-bypass 

engines. The special conditions would 

distinguish between the more common 

engine-failure events and those rare 

events resulting from structural failures. 

For these less common but more severe 

seizure events, the criteria (as stated in 

special conditions numbers 3 and 4, 

below) could allow some deformation in 

the engine-supporting structure 

(ultimate load design) to absorb the 

higher energy associated with the highbypass engines, while at the same time 

protecting the adjacent primary 

structure in the wing and fuselage by 

providing a higher safety factor. The 

criteria for the more-severe events 

would no longer be a purely static 

torque-load condition, but would 

account for the full spectrum of 

transient dynamic loads developed from 

the engine-failure condition. 

Applicability 

As discussed above, these special 

conditions are applicable to the Model 

EMB–550 airplane. Should Embraer 

apply at a later date for a change to the 

type certificate to include another 

model incorporating the same novel or 

unusual design feature, the special 

conditions would apply to that model as 

well. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplane. It is not a rule of general 

applicability. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

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

44702, 44704. 

The Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type-certification basis for the 

Embraer Model EMB–550 airplane. In 

lieu of 14 CFR 25.361(b), the following 

special conditions are proposed: 

1. For turbine-engine installations, the 

engine mounts, pylons, and adjacent 

supporting airframe structure must be 

designed to withstand 1g level flight 

loads acting simultaneously with the 

maximum limit torque loads imposed 

by each of the following: 

(a) Sudden engine deceleration due to 

a malfunction that could result in a 

temporary loss of power or thrust, and 

(b) The maximum acceleration of the 

engine. 

2. For auxiliary power unit (APU) 

installations, the APU mounts and 

adjacent supporting airframe structure 

must be designed to withstand 1g level 

flight loads acting simultaneously with 

the maximum limit torque loads 

imposed by each of the following: 

(a) Sudden APU deceleration due to 

malfunction or structural failure; and 

(b) The maximum acceleration of the 

APU. 

3. For engine-supporting structure, an 

ultimate loading condition must be 

considered that combines 1g flight loads 

with the transient dynamic loads 

resulting from: 

(a) The loss of any fan, compressor, or 

turbine blade; and separately 

(b) Where applicable to a specific 

engine design, any other engine 

structural failure that results in higher 

loads. 

4. The ultimate loads developed from 

the conditions specified in paragraphs 

3(a) and 3(b) are to be multiplied by a 

factor of 1.0 when applied to engine 

mounts and pylons, and multiplied by 

a factor of 1.25 when applied to adjacent 

supporting airframe structure. 

5. Any permanent deformation that 

results from the conditions specified in 

Special Condition 3, above, must not 

prevent continued safe flight and 

landing. 

Issued in Renton, Washington, on 

September 6, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–23536 Filed 9–24–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1014; Directorate 

Identifier 2010–SW–058–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 

Eurocopter Model SA–365N1, AS– 

365N2, and AS365N3 helicopters. This 

proposed AD would revise the 

Limitations section of the Rotorcraft 

Flight Manual (RFM) to prohibit flight 

in instrument meteorological conditions 

(IMC) or night visual flight rules (VFR) 

for each helicopter with a vertical gyro 

unit GV76–1 installed upon a nonreinforced shelf in the rear cargo 

compartment. Also, this proposed AD 

would require modifying the GV76–1 

vertical gyro unit shelf and testing for 

correct function of the navigation 

systems. This proposed AD is prompted 

by flight crew reports of deviations 

between the displayed attitude on the 

attitude display screen and the 

independent electromechanical standby 

attitude indicator. The proposed actions 


emcdonald on DSK67QTVN1PROD with PROPOSALS
58972 Federal Register / Vol. 77, No. 186 / Tuesday, September 25, 2012 / Proposed Rules 

are intended to prevent an undetected 

flight display error of a slow drift in the 

roll axis, disorientation of the pilot, and 

subsequent loss of control of the 

helicopter. 

DATES: We must receive comments on 

this proposed AD by November 26, 

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 proposed 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 Forum 

Drive, Grand Prairie, TX 75053–4005, 

telephone (800) 232–0323, fax (972) 

641–3710, or at http:// 

www.eurocopter.com. 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: 

Mark F. Wiley, Aviation Safety 

Engineer, FAA, Rotorcraft Directorate, 

Regulations and Policy Group, 2601 

Meacham Blvd., Fort Worth, Texas 

76137, telephone (817) 222–5134, fax 

(817) 222–5961. 

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 

Community, has issued AD No. 2010– 

0100R1, dated August 4, 2010, and 

corrected August 11, 2010, to correct an 

unsafe condition for the specified 

Eurocopter model helicopters. EASA 

advises that a slow drift in the roll axis 

on the pilot’s and co-pilot’s attitude 

display screens occurred 

simultaneously during flight on several 

helicopters equipped with the GV76–1 

vertical gyro unit installed in the rear 

cargo compartment. EASA advises 

‘‘these drifts were caused by a fault in 

the vertical gyros unit installation in the 

rear cargo.’’ EASA states that in certain 

configurations, the GV76–1 vertical gyro 

unit installation has a natural mode 

close to the main rotor’s harmonic 

frequency that generates rather 

significant vibratory levels on the 

GV76–1 unit by amplifying the intrinsic 

vibration of the aircraft. The faults are 

caused by these vibratory levels. EASA 

also states that the critical mode is 

essentially due to bending on the 

horizontal cross-members, which 

support the GV76–1 shelf. 

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 an Alert 

Service Bulletin (ASB) No. 34.00.31 

Revision 1, dated July 28, 2010 (ASB 

34.00.31), for FAA type-certificated 

Model SA–365N1, AS–365N2, and 

AS365N3 helicopters and for military 

non-FAA type-certificated Model AS– 

365F, Fi, and K helicopters. ASB 

34.00.31 specifies reinforcing the 

shelves of the vertical gyros GV76–1 (in 

cargo compartment) on the right hand 

(RH) or left-hand (LH) side. EASA 

classified this ASB as mandatory and 

issued AD No. 2010–0100R1, dated 

August 4, 2010, and corrected August 

11, 2010, to ensure the continued 

airworthiness of these helicopters. 

Proposed AD Requirements 

This proposed AD would require: 

• Before further flight, revising the 

Limitations section of the Rotorcraft 

Flight Manual (RFM) to prohibit flight 

in instrument meteorological conditions 

(IMC) or night visual flight rules (VFR) 

for each helicopter with a vertical gyro 

unit GV76–1 installed on the rear cargo 

compartment shelf without 

reinforcement per Modification 

365P081895. 

• Within 110 hours time-in-service, 

modifying the GV76–1 vertical gyro unit 

shelf by complying with the 

Accomplishment Instructions, 

paragraphs 2.A. through 2.B.2.e. of the 

ASB. After reinforcing the shelf, 

operationally testing the GV76–1 

vertical gyro unit and functionally test 

the navigation systems. 

• Modifying the GV76–1 vertical gyro 

unit shelf is terminating action for the 

requirements of this AD. 

• After modifying the GV76–1 

vertical gyro unit shelf, removing this 

AD or deleting any changes to the 

Limitations section of the RFM that 

prohibit flight in IMC or VFR as a result 

of this AD. 

Differences Between This Proposed AD 

and the EASA AD 

We do not use the calendar dates, 

which have already passed. This AD 

prohibits flight in IMC or night VFR 

until MOD 365P081895 is 

accomplished. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 19 helicopters of U.S. 

registry. We also estimate that it would 

take about 16 work hours to install a 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 186 / Tuesday, September 25, 2012 / Proposed Rules 58973 

shelf reinforcement kit per helicopter at 

an average labor rate of $85 per work 

hour. Required parts would cost about 

$2,560 per helicopter. Based on these 

figures, we estimate the total cost of the 

proposed AD on U.S. operators to be 

$74,480 to reinforce the shelf of the 

entire fleet. 

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. 

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: Docket No. FAA–2012– 

1014; Directorate Identifier 2010–SW– 

058–AD. 

(a) Applicability 

This AD applies to Model SA–365N1, AS– 

365N2, and AS 365 N3 helicopters, with the 

GV76–1 vertical gyro unit installed on the 

left-hand (LH) or right-hand (RH) shelf in the 

rear cargo compartment, pre-MOD 

365P081895, certificated in any category, all 

serial numbers except 6698, 6701, 6723, 

6737, and 6741. 

(b) Unsafe Condition 

This AD defines the unsafe condition as an 

undetected flight display error of a slow drift 

in the roll axis. This condition could result 

in disorientation of the pilot and subsequent 

loss of control of the helicopter. 

(c) 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. 

(d) Required Actions 

(1) Before further flight, revise the 

Limitations section of the Rotorcraft Flight 

Manual (RFM) by inserting a copy of this AD 

into the RFM or by pen and ink changes to 

the RFM that prohibits flight in instrument 

meteorological conditions (IMC) or night 

visual flight rules (VFR) for each helicopter 

with a vertical gyro unit GV76–1 installed on 

the rear cargo compartment shelf without 

reinforcement per Modification 365P081895. 

(2) Within 110 hours time-in-service, 

modify the GV76–1 vertical gyro unit shelf as 

depicted in Figures 1 through 3 and by 

following the Accomplishment Instructions, 

paragraphs 2.A. through 2.B.2.e., of 

Eurocopter Alert Service Bulletin No. 

34.00.31, Revision 1, dated July 28, 2010. 

After reinforcing the shelf, operationally test 

the GV76–1 vertical gyro unit and 

functionally test the navigation systems. 

(3) After modifying the GV76–1 vertical 

gyro unit shelf, remove this AD from the 

Limitations section of the RFM or remove 

any changes to the Limitations section of the 

RFM that prohibit flight in IMC or VFR as a 

result of paragraph (d)(1) of this AD. 

(4) Modifying the GV76–1 vertical gyro 

unit shelf is terminating action for the 

requirements of this AD. 

(e) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Mark F. Wiley, 

Aviation Safety Engineer, Rotorcraft 

Directorate, Regulations and Policy Group, 

2601 Meacham Blvd., Fort Worth, Texas 

76137, telephone (817) 222–5134; email 

mark.f.wiley@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. 

(f) Additional Information 

(1) For service information identified in 

this AD, contact 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. 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 AD No. 

2010–0100R1, dated August 4, 2010, and 

corrected August 11, 2010. 

(g) Subject 

Joint Aircraft System/Component (JASC) 

Code: 3421: Attitude Gyro and Indicator 

System. 

Issued in Fort Worth, Texas, on September 

14, 2012. 

Lance T. Gant, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–23444 Filed 9–24–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1015; Directorate 

Identifier 2007–SW–069–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

Eurocopter France (Eurocopter) Model 

AS332C, AS332L, and AS332L1 

helicopters. This proposed AD is 

prompted by reports of electro-valve 


emcdonald on DSK67QTVN1PROD with PROPOSALS