34958 Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Proposed Rules 

exist and subsequently receives another 

weather report that indicates that 

conditions are below the minimum 

requirements, may continue the 

approach if the following conditions are 

met— 

* * * * * 

(d) A pilot may execute an instrument 

approach procedure, or continue the 

approach, at an airport when the 

visibility is reported to be less than the 

visibility minimums prescribed for that 

procedure if the aircraft is equipped 

with, and a pilot uses, an operable EFVS 

in accordance with § 91.176 of this 

chapter, and the certificate holder’s 

operations specifications for EFVS 

operations. 

PART 135—OPERATING 

REQUIREMENTS: COMMUTER AND 

ON DEMAND OPERATIONS AND 

RULES GOVERNING PERSONS ON 

BOARD SUCH AIRCRAFT 

■ 28. The authority citation for part 135 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 41706, 40113, 

44701–44702, 44705, 44709, 44711–44713, 

44715–44717, 44722, 45101–45105. 

■ 29. Revise § 135.219 to read as 

follows; 

§ 135.219 IFR: Destination airport weather 

minimums. 

Except as provided in the certificate 

holder’s operations specifications for 

EFVS operations, no person may take off 

an aircraft under IFR or begin an IFR or 

over-the-top operation unless the latest 

weather reports or forecasts, or any 

combination of them, indicate that 

weather conditions at the estimated 

time of arrival at the next airport of 

intended landing will be at or above 

authorized IFR landing minimums. 

■ 30. Amend § 135.225 by: 

a. Revising paragraphs (a) 

introductory text and (c) introductory 

text; 

b. Amending paragraph (d) 

introductory text by removing the word 

‘‘If’’ and adding in its place the words 

‘‘Except as provided in paragraph (j) of 

this section, if’’; and 

c. Adding paragraph (j). 

The revisions and addition read as 

follows: 

§ 135.225 IFR: Takeoff, approach and 

landing minimums. 

(a) Except to the extent permitted by 

paragraphs (b) and (j) of this section, no 

pilot may begin an instrument approach 

procedure to an airport unless— 

* * * * * 

(c) Except as provided in paragraph (j) 

of this section, a pilot who has begun 

the final approach segment of an 

instrument approach to an airport under 

paragraph (b) of this section, and 

receives a later weather report 

indicating that conditions have 

worsened to below the minimum 

requirements, may continue the 

approach if the following conditions, 

are met— 

* * * * * 

(j) A pilot may begin an instrument 

approach procedure, or continue the 

approach, at an airport when the 

visibility is reported to be less than the 

visibility minimums prescribed for that 

procedure if the aircraft is equipped 

with, and a pilot uses, an operable EFVS 

in accordance with § 91.176 of this 

chapter, and the certificate holder’s 

operations specifications for EFVS 

operations. 

Issued under authority provided by 49 

U.S.C. 40103 and 44701(a)(5) in Washington, 

DC, on May 30, 2013. 

Margaret Gilligan, 

Associate Administrator for Aviation Safety, 

AVS–1. 

[FR Doc. 2013–13454 Filed 6–10–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0500; Directorate 

Identifier 2012–SW–45–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bell 

Helicopter Textron, Inc. (Bell), Model 

Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This document proposes to 

supersede an existing airworthiness 

directive (AD) for the Bell Model 412, 

412CF, and 412EP helicopters. The AD 

currently requires reidentifying each 

affected part-numbered main rotor yoke 

(yoke) on its data plate, reducing the 

retirement life of the reidentified yoke, 

and revising the Airworthiness 

Limitations section of the maintenance 

manual or the Instructions for 

Continued Airworthiness (ICAs) 

accordingly. Since we issued the AD, 

we have discovered that the affected 

yokes do not have a data plate, making 

compliance with the part-marking 

requirements of the existing AD 

impossible. This proposed AD would 

retain the current requirements with the 

exception of the P/N marking location. 

The actions specified in this AD are 

intended to prevent fatigue cracking of 

a yoke, failure of the yoke, and 

subsequent loss of control of the 

helicopter. 

DATES: We must receive comments on 

this proposed AD by August 12, 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 

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 Bell 

Helicopter Textron, Inc., P.O. Box 482, 

Fort Worth, TX 76101; telephone (817) 

280–3391; fax (817) 280–6466; or at 

http://www.bellcustomer.com/files/. 

You may review 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: 

Michael Kohner, ASW–170, Aviation 

Safety Engineer, Rotorcraft Directorate, 

Rotorcraft Certification Office, 2601 

Meacham Blvd., Fort Worth, Texas 

76137, telephone (817) 222–5170, fax 

(817) 222–5783, email 7-avs-asw170@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 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Proposed Rules 34959 

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 

On February 12, 2009, we issued AD 

2009–05–09, Amendment 39–15833 (74 

FR 11001, March 16, 2009), for Bell 

Model 412, 412CF, and 412EP 

helicopters. The AD requires 

reidentifying each affected partnumbered yoke based on whether it was 

ever installed on a Model 412CF 

helicopter or on a Model 412 or 412EP 

helicopter with a slope landing kit. The 

AD also requires reducing the 

retirement life of each reidentified yoke 

from 5,000 hours time-in-service (TIS) 

to 4,500 hours TIS and revising the 

Airworthiness Limitations section of the 

maintenance manual or ICAs 

accordingly. Finally, the AD requires 

recording each reidentified yoke P/N 

and the reduced retirement life on the 

component history card or equivalent 

record. The AD was prompted by a 

fatigue analysis that shows that the 

retirement life should be reduced on 

certain yokes. Those actions are 

intended to prevent fatigue cracking of 

a yoke, failure of the yoke, and 

subsequent loss of control of the 

helicopter. 

Actions Since Existing AD Was Issued 

Since we issued AD 2009–05–09 (74 

FR 11001, March 16, 2009), we have 

discovered that the affected yokes do 

not have a data plate, making 

compliance with the part-marking 

requirements of the existing AD 

impossible. Bell determined the new P/ 

N should be etched on the side of the 

yoke rather than on the data plate and 

issued Revision A to Alert Service 

Bulletin (ASB) No. 412–08–128 for the 

Bell Model 412 and 412EP helicopters 

(ASB 412–08–128A) and ASB No. 

412CF–08–35 for the Bell Model 412CF 

helicopters (ASB 412CF–08–35A), both 

dated April 14, 2009. Bell also 

determined the etched surface on the 

side of the yoke would need to be 

treated with a chemical film and 

refinished after reidentifying the P/N to 

protect the yoke from corrosion. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other helicopters of these 

same type designs. 

Related Service Information 

ASB 412–08–128A and ASB 412CF– 

08–35A contain procedures for 

reidentifying the yoke by using a 

vibrating stylus to etch a new P/N on 

the side of the yoke. These ASBs also 

specify recording the new P/N on the 

component history card and reducing 

the retirement life of the yoke. 

Proposed AD Requirements 

This proposed AD would retain the 

current requirements of AD 2009–05–09 

(74 FR 11001, March 16, 2009), with the 

exception of the P/N marking location. 

This proposed AD would require that 

the new P/N be etched on the side of the 

yoke instead of on the data plate as 

required by AD 2009–05–09. This action 

would also require treating the etched 

surface on the side of yoke with a 

chemical film and refinishing the yoke 

after reidentifying the P/N. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 115 helicopters of U.S. 

Registry. We estimate that operators 

may incur the following costs in order 

to comply with this AD. It would take 

about 3 work hours to review and revise 

the records to reflect the new retirement 

life and reidentify the P/N at an average 

labor rate of $85 per work hour. Based 

on these estimates, the cost would be 

$255 per helicopter and $29,325 for the 

U.S. operator fleet. Replacing a yoke 

would take about 20 work hours and 

$50,196 for the required parts for a cost 

of $51,896 per 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 

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 

removing airworthiness directive (AD) 

2009–05–09, Amendment 39–15833 (74 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
34960 Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Proposed Rules 

FR 11001, March 16, 2009), and adding 

the following new AD: 

Bell Helicopter Textron, Inc.: Docket No. 

FAA–2013–0500; Directorate Identifier 

2012–SW–45–AD. 

(a) Applicability 

This AD applies to Model 412 and 412EP 

helicopters with a main rotor yoke assembly 

(yoke), part number (P/N) 412–010–101–123, 

–127, –129, or –133, installed; and Model 

412CF helicopters with a yoke, P/N 412–010– 

101–127 or –129, installed; certificated in 

any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

fatigue cracking of a yoke, failure of the yoke, 

and subsequent loss of control of the 

helicopter. 

(c) Affected ADs 

This AD supersedes AD 2009–05–09, 

Amendment 39–15833 (74 FR 11001, March 

16, 2009). 

(d) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time, unless it has been 

accomplished previously. 

(e) Required Actions 

Within 10 hours time-in-service (TIS): 

(1) Review the helicopter records to 

determine all of the helicopter models on 

which an affected yoke has been installed 

since its production and the hours TIS of 

each affected yoke. 

(2) If an affected part-numbered yoke is 

installed or has ever been installed on a 

Model 412CF helicopter or on a Model 412 

or 412EP helicopter with a (BHT–412–SI–62) 

slope landing kit, P/N 412–704–012–101, 

installed, do the following: 

(i) Reidentify the P/N on the side of the 

yoke by using a vibrating stylus and etching 

two lines through the last three digits of the 

existing P/N and etching ‘‘137FM’’ adjacent 

to where you etched through the last three 

digits of the original P/N. This converts each 

affected yoke P/N to a new yoke P/N 412– 

010–101–137FM. The serial number remains 

the same. 

Note 1 to paragraph (e)(2)(i) of this AD: 

The ‘‘FM’’ P/N suffix denotes a fieldmodified part. 

(ii) Treat the etched surface with chemical 

film, and apply primer and paint. 

(iii) Record the reidentified P/N on the 

applicable component history card or 

equivalent record. 

(3) If you cannot determine all the model 

helicopters on which an affected yoke has 

been installed since its production or 

whether it has ever been installed on a Model 

412 or 412EP helicopter with a (BHT–412– 

SI–62) slope landing kit, P/N 412–704–012– 

101, installed, perform the actions required 

by paragraphs (e)(2)(i) through (e)(2)(iii) of 

this AD. 

(4) For each reidentified yoke, P/N 412– 

010–101–137FM, reduce the retirement life 

from 5,000 hours TIS to 4,500 hours TIS. 

Record the revised life limit on the 

applicable component history card or 

equivalent record. 

(5) Revise the Airworthiness Limitations 

section of the applicable maintenance 

manual or the Instructions for Continued 

Airworthiness by reducing the retirement life 

from 5,000 hours TIS to 4,500 hours TIS for 

each reidentified yoke, P/N 412–010–101– 

137FM. 

(f) Special Flight Permit 

Special flight permits will not be issued. 

(g) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Rotorcraft Certification 

Office, FAA, may approve AMOCs for this 

AD. Send your proposal to: Michael Kohner, 

ASW–170, Aviation Safety Engineer, 2601 

Meacham Blvd., Fort Worth, Texas 76137; 

telephone (817) 222–5170, fax (817) 222– 

5783; email 7-avs-asw-170@faa.gov. 

(2) For operations conducted under 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. 

(h) Additional Information 

Bell Helicopter Textron, Inc. Alert Service 

Bulletins No. 412–08–128 and No. 412CF– 

08–35, both Revision A and both dated April 

14, 2009, which are not incorporated by 

reference, contain additional information 

about the subject of this AD. For service 

information identified in this AD, contact 

Bell Helicopter Textron, Inc., P.O. Box 482, 

Fort Worth, TX 76101; telephone (817) 280– 

3391; fax (817) 280–6466; or at http:// 

www.bellcustomer.com/files/. You may 

review service information at the FAA, Office 

of the Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort Worth, 

Texas 76137. 

(i) Subject 

Joint Aircraft System/Component (JASC) 

Code: 6220 Main Rotor Head. 

Issued in Fort Worth, Texas, on June 3, 

2013. 

Kim Smith, 

Directorate Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–13797 Filed 6–10–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0501; Directorate 

Identifier 2011–SW–036–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Model 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 France (Eurocopter) Model 

EC 155B and EC155B1 helicopters. This 

proposed AD would require repetitively 

inspecting the lower and upper front 

and rear fittings (fittings) that attach the 

upper fin to the fenestron for a crack. If 

there is a crack, this AD would require 

removing all four fittings from service. 

This proposed AD would also require, 

within a specified time, removing all 

fittings from service, and the fittings 

would not be eligible to be installed on 

any helicopter. This AD is prompted by 

the loss of an upper fin in flight. The 

proposed actions are intended to detect 

a crack in the fittings to prevent loss of 

the upper fin and subsequent loss of 

control of the helicopter. 

DATES: We must receive comments on 

this proposed AD by August 12, 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 

economic evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS