This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

34062 

Vol. 75, No. 115 

Wednesday, June 16, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0611; Directorate 

Identifier 2009–SW–18–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Model AS 350 B, BA, B1, B2, 

B3, and D, and Model AS355 E, F, F1, 

F2, and N Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

Eurocopter France Model AS 350 B, BA, 

B1, B2, B3, and D, and Model AS355 E, 

F, F1, F2, and N helicopters, with 

certain main rotor servo-controls and 

tail rotor servo-controls. This proposed 

AD would require replacing all servocontrols that are identified in the 

Applicability section of this proposed 

AD. This proposed AD is prompted by 

an internal review conducted by the 

manufacturer which revealed that some 

main and tail rotor servo-controls do not 

conform to the approved design. The 

actions specified by this proposed AD 

are intended to prevent the distributor 

slide valve jamming in its sleeve, 

leading to reduced controllability of the 

rotors and subsequent loss of control of 

the helicopter. 

DATES: Comments must be received on 

or before August 16, 2010. 

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 

American Eurocopter Corporation, 2701 

Forum Drive, Grand Prairie, Texas 

75053–4005, telephone (972) 641–3460, 

fax (972) 641–3527. 

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: J.R. 

Holton, Aviation Safety Engineer, FAA, 

Rotorcraft Directorate, Regulations and 

Guidance Group, ASW–111, 2601 

Meacham Blvd., Fort Worth, Texas 

76137, telephone (817) 222–4964, fax 

(817) 222–5961. 

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–2010–0611, Directorate Identifier 

2009–SW–18–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 the 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 

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. 2007–0141–E, dated 

May 21, 2007, to correct an unsafe 

condition for certain Eurocopter France 

Model AS 350 B, BA, BB, B1, B2, B3, 

and D, and Model AS355 E, F, F1, F2, 

and N helicopters. EASA advises that an 

internal review revealed that some main 

and tail rotor servo-controls do not 

conform to the approved design. This 

results in a greater play in the input 

lever bearing which could lead to offcentered lever/distributor slide valve. If 

not corrected, this condition could jam 

the distributor slide valve in its sleeve, 

contributing to reduced controllability 

of the rotors and subsequent loss of 

control of the helicopter. 

Related Service Information 

Eurocopter has issued Emergency 

Alert Service Bulletin (EASB) No. 

01.00.58, applicable to Model AS 350 B, 

BA, BB, B1, B2, B3, and D helicopters, 

and EASB No. 01.00.53, applicable to 

Model AS355 E, F, F1, F2, and N 

helicopters, both Revision 1 and both 

dated April 19, 2007, ‘‘to preclude the 

risk of jamming of the distributor slide 

valve in its sleeve, due to excessive play 

in the bearing of the servo-control input 

lever.’’ Both EASB 01.00.58 and 

01.00.53, along with 01.00.22 and 

01.00.23 for various military model 

helicopters are contained in the same 

EASB document. The EASA classified 

these EASBs as mandatory and issued 

EASA Emergency AD No. 2007–0141–E, 

dated May 21, 2007, to ensure the 

continued airworthiness of these 

helicopters. 

FAA’s Evaluation and Unsafe Condition 

Determination 

These products have been approved 

by the aviation authority of France and 

are approved for operation in the United 

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Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Proposed Rules 34063 

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 proposing 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 products of 

these same type designs. This proposed 

AD would require replacing all servocontrols with serial numbers that are in 

the Applicability section of this 

proposed AD. 

Differences Between This Proposed AD 

and the EASA AD 

This proposed AD does not require 

returning servo-controls to the 

manufacturer for return to conformity. 

The proposed AD does not require 

inspecting for the existence of ‘‘hard 

points’’ in the flight controls. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 56 helicopters of U.S. 

registry and the proposed actions would 

take approximately 1.5 work hours per 

helicopter to accomplish at an average 

labor rate of $85 per work hour. 

Required parts would cost 

approximately $16,500 per helicopter. 

Based on these figures, we estimate the 

total cost impact of the proposed AD on 

U.S. operators to be $931,140 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 an economic evaluation 

of the estimated costs to comply with 

this proposed 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 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. 

§ 39.13 [Amended] 

2. Section 39.13 is amended by 

adding a new airworthiness directive to 

read as follows: 

Eurocopter France: Docket No. FAA–2010– 

0611; Directorate Identifier 2009–SW– 

18–AD. 

Applicability: Model AS 350 B, BA, B1, B2, 

B3, and D, and Model AS355 E, F, F1, F2, 

and N helicopters, with a main rotor or tail 

rotor servo-control identified in Table 1, 

installed, certificated in any category. 

TABLE 1 

Component Part No. (P/N) Serial No. (S/N) 

Main rotor servo-control ..................................... P/N SC5083 ..................................................... S/N 270M, 272M, 409M, 423M, 452M, or 

1573. 

P/N SC5083–1 ................................................. S/N 2902 through 2921, inclusive. 

P/N 5084 .......................................................... S/N 30, 84, 104, 186, 438, 575, or 695. 

P/N 5084–1 ...................................................... S/N 1462 through 1481, inclusive. 

Tail rotor servo-control ....................................... P/N SC5072 ..................................................... S/N 222M, 306M, or 309. 

Compliance: Required as indicated. 

To prevent the distributor slide valve 

jamming in its sleeve, leading to reduced 

controllability of the rotors and subsequent 

loss of control of the helicopter, accomplish 

the following: 

(a) Within 50 hours time-in-service (TIS), 

or when a ‘‘hard point’’ is detected in the 

flight controls, whichever occurs earlier, 

replace each installed servo control that has 

a serial number listed in Table 1 of this AD, 

with an airworthy servo control. 

Note 1: Eurocopter EASB 01.00.58 and 

01.00.53 have guidance which pertains to the 

subject of this AD. 

(b) 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, Rotorcraft Directorate, 

FAA, ATTN: J.R. Holton, Aviation Safety 

Engineer, Regulations and Policy Group, 

ASW–111, 2601 Meacham Blvd., Fort Worth, 

Texas 76137, telephone (817) 222–4964, fax 

(817) 222–5961, for information about 

previously approved alternative methods of 

compliance. 

(c) The Joint Aircraft System/Component 

(JASC) Code is 6730: Rotorcraft Servo 

System. 

Note 2: The subject of this AD is addressed 

in Eurocopter Aviation Safety Agency 

(France) Emergency AD No. 2007–0141–E, 

dated May 21, 2007. 

Issued in Fort Worth, Texas, on June 9, 

2010. 

Scott A. Horn, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–14540 Filed 6–15–10; 8:45 am] 

BILLING CODE 4910–13–P 

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