12438 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Rules and Regulations 

necessary to a specific investigation. In the 

interests of effective law enforcement, it is 

appropriate to retain all information that may 

aid in establishing patterns of unlawful 

activity. 

(d) From subsection (e)(2) (Collection of 

Information from Individuals) because 

requiring that information be collected from 

the subject of an investigation would alert the 

subject to the nature or existence of an 

investigation, thereby interfering with the 

related investigation and law enforcement 

activities. 

(e) From subsection (e)(3) (Notice to 

Subjects) because providing such detailed 

information would impede law enforcement 

in that it could compromise investigations 

by: revealing the existence of an otherwise 

confidential investigation and thereby 

provide an opportunity for the subject of an 

investigation to conceal evidence, alter 

patterns of behavior, or take other actions 

that could thwart investigative efforts; reveal 

the identity of witnesses in investigations, 

thereby providing an opportunity for the 

subjects of the investigations or others to 

harass, intimidate, or otherwise interfere 

with the collection of evidence or other 

information from such witnesses; or reveal 

the identity of confidential informants, 

which would negatively affect the 

informant’s usefulness in any ongoing or 

future investigations and discourage 

members of the public from cooperating as 

confidential informants in any future 

investigations. 

(f) From subsections (e)(4)(G) and (H) 

(Agency Requirements), and (f) (Agency 

Rules) because portions of this system are 

exempt from the individual access provisions 

of subsection (d) for the reasons noted above, 

and therefore DHS is not required to establish 

requirements, rules, or procedures with 

respect to such access. Providing notice to 

individuals with respect to existence of 

records pertaining to them in the system of 

records or otherwise setting up procedures 

pursuant to which individuals may access 

and view records pertaining to themselves in 

the system would undermine investigative 

efforts and reveal the identities of witnesses, 

and potential witnesses, and confidential 

informants. 

(g) From subsection (e)(5) (Collection of 

Information) because in the collection of 

information for law enforcement purposes it 

is impossible to determine in advance what 

information is accurate, relevant, timely, and 

complete. Compliance with (e)(5) would 

preclude DHS agents from using their 

investigative training and exercise of good 

judgment to both conduct and report on 

investigations. 

(h) From subsection (e)(8) (Notice on 

Individuals) because compliance would 

interfere with DHS’ ability to obtain, serve, 

and issue subpoenas, warrants, and other law 

enforcement mechanisms that may be filed 

under seal, and could result in disclosure of 

investigative techniques, procedures, and 

evidence. 

(i) From subsection (g) to the extent that 

the system is exempt from other specific 

subsections of the Privacy Act relating to 

individuals’ rights to access and amend their 

records contained in the system. Therefore 

DHS is not required to establish rules or 

procedures pursuant to which individuals 

may seek a civil remedy for the agency’s: 

refusal to amend a record; refusal to comply 

with a request for access to records; failure 

to maintain accurate, relevant timely and 

complete records; or failure to otherwise 

comply with an individual’s right to access 

or amend records. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–5618 Filed 3–15–10; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1090; Directorate 

Identifier 2009–SW–31–AD; Amendment 39– 

16227; AD 2010–06–03] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Model AS355E, AS355F, 

AS355F1, AS355F2, and AS355N 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Eurocopter France (Eurocopter) Model 

AS355E, AS355F, AS355F1, AS355F2, 

and AS355N helicopters. This AD 

results from a mandatory continuing 

airworthiness information (MCAI) AD 

issued by the European Aviation Safety 

Agency (EASA), which is the Technical 

Agent for the Member States of the 

European Community. The MCAI AD 

states that a metallurgical nonconformity was discovered on a flange 

of the forward shaft section of the tail 

rotor drive shaft (drive shaft). The MCAI 

AD also states that stress analysis has 

shown that this non-conformity can 

significantly reduce the strength of the 

drive shaft and thereby its service life. 

The AD actions are intended to remove 

non-conforming drive shafts from 

service and prevent failure of the drive 

shaft and subsequent loss of control of 

the helicopter. 

DATES: This AD becomes effective on 

April 20, 2010. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

regulations.gov or in person at the 

Docket Operations office, U.S. 

Department of Transportation, M–30, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 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 AD DOCKET: The AD 

docket contains the Notice of proposed 

rulemaking (NPRM), the economic 

evaluation, any comments received, and 

other information. The street address 

and operating hours for the Docket 

Operations office (telephone (800) 647– 

5527) are in the ADDRESSES section of 

this AD. Comments will be available in 

the AD docket shortly after they are 

received. 

FOR FURTHER INFORMATION CONTACT: 

Uday Garadi, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Regulations 

and Policy Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137; telephone 

(817) 222–5123; fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued an NPRM on November 23, 

2009 to amend 14 CFR part 39 to 

include an AD that would apply to the 

Eurocopter Model AS355E, AS355F, 

AS355F1, AS355F2, and AS355N 

helicopters. That NPRM was published 

in the Federal Register on December 10, 

2009 (74 FR 65492). That NPRM 

proposed to remove non-conforming 

drive shafts from service to prevent 

failure of the drive shaft and subsequent 

loss of control of the helicopter. You 

may obtain further information by 

examining the MCAI AD and any 

related service information in the AD 

docket. 

Comments 

By publishing the NPRM, we gave the 

public an opportunity to participate in 

developing this AD. However, we 

received no comment on the NPRM or 

on our determination of the cost to the 

public. Therefore, based on our review 

and evaluation of the available data, we 

have determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Relevant Service Information 

Eurocopter has issued Alert Service 

Bulletin No. 01.00.51, Revision 1, dated 

February 9, 2006. The actions described 

in the MCAI AD are intended to correct 

the same unsafe condition as that 

identified in the service information. 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Rules and Regulations 12439 

Differences Between This AD and the 

MCAI AD 

This AD differs from the MCAI AD as 

follows: 

• We refer to the compliance time as 

‘‘hours time-in-service’’ rather than 

‘‘flying hours’’ and 

• We do not require returning spares 

to the manufacturer. 

Costs of Compliance 

We estimate that this AD will affect 

about 96 helicopters of U.S. registry. We 

also estimate that it will take about 2 

work-hours per helicopter to complete 

the compliance actions. The average 

labor rate is $85 per work-hour. 

Required parts will cost about $8,335 

per helicopter. Based on these figures, 

we estimate that the cost of this AD on 

U.S. operators is $816,480, or $8,505 per 

helicopter assuming that the drive shaft 

is replaced on each helicopter. 

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 

product(s) identified in this rulemaking 

action. 

Regulatory Findings 

We 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. 

Therefore, I certify this AD: 

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 and placed it in the AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, 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 AD: 

2010–06–03 EUROCOPTER FRANCE: 

Amendment 39–16227; Docket No. 

FAA–2009–1090; Directorate Identifier 

2009–SW–31–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective on April 20, 2010. 

Other Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model AS355E, 

AS355F, AS355F1, AS355F2, and AS355N 

helicopters with tail rotor drive shaft forward 

shaft section, part number 355A 34–1090–00, 

serial number 858 through 873 (inclusive) 

with a prefix ‘‘M,’’ certificated in any 

category. This AD does not apply to 

helicopters manufactured after January 1, 

2005. 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) AD states 

that a metallurgical non-conformity was 

discovered on a flange of the forward shaft 

section of the tail rotor drive shaft (drive 

shaft). The MCAI AD also states that stress 

analysis has shown that this non-conformity 

can significantly reduce the strength of the 

drive shaft and thereby its service life. This 

AD is intended to remove non-conforming 

drive shafts from service and prevent failure 

of the drive shaft and subsequent loss of 

control of the helicopter. 

Actions and Compliance 

(e) Unless already accomplished, do the 

following: 

(1) For any drive shaft that has less than 

2,400 hours time-in-service (TIS), on or 

before reaching 2,500 hours TIS, remove the 

drive shaft and replace it with an airworthy 

drive shaft that is not included in the 

applicability of this AD. 

(2) For any drive shaft with 2,400 or more 

hours TIS, within the next 100 hours TIS, 

remove the drive shaft and replace it with an 

airworthy drive shaft that is not included in 

the applicability of this AD. 

Differences Between This AD and the MCAI 

AD 

(f) This AD differs from the MCAI AD as 

follows: 

(1) We refer to the compliance time as 

‘‘hours time-in-service’’ rather than ‘‘flying 

hours’’ and 

(2) We do not require returning spares to 

the manufacturer. 

Other Information 

(g) Alternative Methods of Compliance 

(AMOCs): The Manager, Safety Management 

Group, FAA, ATTN: Uday Garadi, Aviation 

Safety Engineer, Regulations and Policy 

Group, FAA, Rotorcraft Directorate, 2601 

Meacham Blvd., Fort Worth, Texas 76137, 

telephone (817) 222–5123, fax (817) 222– 

5961, has the authority to approve AMOCs 

for this AD, if requested, using the 

procedures found in 14 CFR 39.19. 

Related Information 

(h) European Aviation Safety Agency 

(EASA) AD No. 2006–0100, dated April 24, 

2006, and Eurocopter Alert Service Bulletin 

No. 01.00.51, Revision 1, dated February 9, 

2006, contain related information. 

Joint Aircraft System/Component (JASC) 

Code 

(i) The JASC Code is 6510: Tail rotor drive 

shaft. 

Issued in Fort Worth, Texas, on February 

22, 2010. 

Lance T. Gant, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–5328 Filed 3–15–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0948; Directorate 

Identifier 2009–NE–30–AD; Amendment 

39–16236; AD 2010–06–12] 

RIN 2120–AA64 

Airworthiness Directives; Thielert 

Aircraft Engines GmbH (TAE) Models 

TAE 125–02–99 and TAE 125–01 

Reciprocating Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 


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