38956 Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Proposed Rules 

TABLE 3—COMPLIANCE TIME FOR THE SPECIAL DETAILED INSPECTION FOR AIRPLANES HAVING NLG S/N M–DG–0158 

THROUGH M–DG–0168—Continued 

As of the effective date of this AD for NLG— Compliance time— 

Having greater than or equal to 20,200 flight cycles on the NLG and 

less than or equal to 20,500 flight cycles on the NLG.

Within 20,500 flight cycles on the NLG since new or within 30 days 

after the effective date of this AD, whichever occurs later. 

Having greater than 20,500 flight cycles on the NLG and having less 

than 2,200 flight cycles since last inspection done in accordance with 

Messier-Dowty Service Bulletin 146–32–149.

Within 300 flight cycles or 60 days after the effective date of this AD, 

whichever occurs later. 

Having greater than 20,501 flight cycles on the NLG and greater than 

or equal to 2,200 flight cycles since last inspection done in accordance with Messier-Dowty Service Bulletin 146–32–149.

Within 2,500 flight cycles since last inspection done in accordance with 

Messier-Dowty Service Bulletin 146–32–149, or within 30 days after 

the effective date of this AD, whichever occurs later. 

(h) If cracking is found on any NLG unit 

during any inspection required by paragraph 

(g) of this AD, before further flight, replace 

the cracked NLG with a serviceable unit, in 

accordance with Messier-Dowty Service 

Bulletin 146–32–174, Revision 1, dated 

September 2, 2009. Replacing any affected 

NLG unit is terminating action for the 

repetitive inspections required by paragraph 

(g) of this AD, if the replacement NLG unit 

has been modified in accordance with 

Messier-Dowty Service Bulletin 146–32–150, 

dated May 22, 2000, or if the replacement 

NLG unit has P/N 201138002 with S/N M– 

DG–0169 or higher. 

(i) Modifying an affected NLG unit in 

accordance with Messier-Dowty Service 

Bulletin 146–32–150, dated May 22, 2000, is 

terminating action for the repetitive 

inspections required by paragraph (g) of this 

AD for that NLG unit. 

(j) Inspecting and replacing the NLG unit 

is acceptable for compliance with the 

requirements of paragraph (g) of this AD, if 

done before the effective date of this AD in 

accordance with Messier-Dowty Service 

Bulletin 146–32–174, dated August 26, 2009. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: While 

the European Aviation Safety Agency AD 

2010–0001–E, dated January 4, 2010, states 

that the compliance time to determine 

affected NLGs is before further flight, this AD 

requires the determination of the affected 

NLG within 30 days after the effective date 

of this AD. 

Other FAA AD Provisions 

(k) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Todd Thompson, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1175; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

The AMOC approval letter must specifically 

reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(l) Refer to MCAI European Aviation Safety 

Agency Airworthiness Directive 2010–0001– 

E, dated January 4, 2010; Messier-Dowty 

Service Bulletin 146–32–174, Revision 1, 

dated September 2, 2009; BAE SYSTEMS 

(Operations) Limited Alert Inspection Service 

Bulletin ISB.A32–180, Revision 2, dated 

October 14, 2009; and Messier-Dowty Service 

Bulletin 146–32–150, dated May 22, 2000; for 

related information. 

Issued in Renton, Washington, on June 29, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–16519 Filed 7–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0670; Directorate 

Identifier 2009–SW–42–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France (ECF) Model SA330F, G, and J; 

and AS332C, L, L1, and L2 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 

specified ECF model helicopters. This 

proposed 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 EASA received a 

report of a rear hinged door on a Model 

AS332L1 helicopter opening in flight 

without loss of the door. Examinations 

revealed incorrect positioning of a door 

catch that resulted in incorrect locking 

and uncontrolled opening of the door. 

This condition, if not detected and 

corrected, can lead to the loss of the 

hinged door in flight, damage to the 

main or tail rotor blades, and 

subsequent loss of control of the 

helicopter. 

DATES: We must receive comments on 

this proposed AD by August 6, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• 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, TX 75053– 

4005, telephone (800) 232–0323, fax 

(972) 641–3710, or at http:// 

www.eurocopter.com. 

Examining the Docket: You may 

examine the AD docket on the Internet 


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Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Proposed Rules 38957 

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 stated in the 

ADDRESSES section of this proposal. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

DOT/FAA Southwest Region, Gary 

Roach, ASW–111, Aviation Safety 

Engineer, Rotorcraft Directorate, 

Regulations and Guidance Group, 2601 

Meacham Blvd, Fort Worth, Texas 

76137, telephone (817) 222–5130, fax 

(817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

data, views, or arguments about this 

proposed AD. Send your comments to 

an address listed in the ADDRESSES

section of this proposal. Include ‘‘Docket 

No. FAA–2010–0670; Directorate 

Identifier 2009–SW–42–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this proposed AD. We will consider all 

comments received by the closing date 

and may amend this proposed AD based 

on 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 we receive 

about this proposed AD. 

Discussion 

EASA, which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD No. 

2009–0015, dated January 21, 2009, to 

correct an unsafe condition for the 

specified ECF model helicopters. 

The MCAI AD states that EASA 

received a report of a rear hinged door 

on a Model AS332L1 helicopter opening 

in flight without loss of the door. 

Examinations revealed incorrect 

positioning of a door catch that 

‘‘induced incorrect locking and resulted 

in uncontrolled opening of the door.’’ 

This condition, if not detected and 

corrected, can lead to the loss of the 

hinged door in flight, damage to the 

main or tail rotor blades, 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. 

Related Service Information 

ECF has issued Alert Service Bulletin 

(ASB) Nos. 52.13 for the SA330F, G, and 

J helicopters, and 52.00.38 for the 

AS332C, C1, L, L1, and L2 helicopters, 

both ASBs dated December 1, 2008. The 

ASBs specify inspecting the upper and 

lower catches of the hinged doors to 

ensure the catches are correctly 

positioned. The actions described in the 

MCAI AD are intended to correct the 

unsafe condition identified in the 

service information. The AS332C1 is not 

type certificated in the United States. 

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 Agent, 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 helicopters of these 

same type designs. This proposed AD 

would require the following: 

• Within the next 220 hours time-inservice (TIS) or 6 months, whichever 

occurs first, inspecting the positioning 

of each lower and upper door catch. 

• If any door catch is improperly 

installed, before further flight, replacing 

the affected catch, adjusting the microswitches, and doing a functional test of 

the hinged door indicating system. 

The requirements would be done by 

following the specified portions of the 

ASBs. 

Differences Between This AD and the 

MCAI AD 

We refer to flight hours as hours TIS. 

This AD does not apply to the Model 

AS332C1 because that model is not FAA 

type certificated. 

Costs of Compliance 

We estimate that this proposed AD 

would affect about 10 helicopters of 

U.S. registry. We also estimate that it 

would take about 2 work-hours per 

helicopter to inspect each door catch for 

correct position of the door hinges, 

replace an affected catch, adjust the 

micro-switches of the hinged door, and 

do a functional test. The average labor 

rate is $85 per work-hour. The cost of 

the required parts is minimal. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators would 

be $1,700. 

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 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. 

Therefore, I certify this proposed 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 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: 


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38958 Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Proposed Rules 

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: 

EUROCOPTER FRANCE: FAA–2010–0670; 

Directorate Identifier 2009–SW–42–AD. 

Comments Due Date 

(a) We must receive your comments by 

August 6, 2010. 

Other Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model SA330F, G, 

J, and AS332C, L, L1, and L2 helicopters, 

certificated in any category. 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) AD states 

that EASA received a report of a rear hinged 

door on a Model AS332L1 helicopter opening 

in flight without loss of the door. 

Examinations revealed incorrect positioning 

of a door catch that resulted in incorrect 

locking and uncontrolled opening of the 

door. This condition, if not detected and 

corrected, can lead to the loss of the hinged 

door in flight, damage to the main or tail 

rotor blades, and subsequent loss of control 

of the helicopter. 

Actions and Compliance 

(e) Required as indicated. 

(1) Within the next 220 hours time-inservice (TIS) or 6 months, whichever occurs 

first, unless done previously, inspect the 

position of each upper and lower door catch: 

(i) As depicted in Figures 1 through 4 and 

by following the Accomplishment 

Instructions, Table 1 of paragraph 2.B.2., of 

Alert Service Bulletin (ASB) No. 52.13, dated 

December 1, 2008 (ASB 52.13) for the Model 

SA330F, G, and J helicopters, or 

(ii) As depicted in Figures 1 through 5 and 

by following the Accomplishment 

Instructions, Table 1 of paragraph 2.B.2. of 

ASB No. 52.00.38, dated December 1, 2008 

(ASB 52.00.38) for the Model AS332C, L, L1, 

and L2 helicopters. 

(2) Before further flight, replace each 

improperly positioned catch by following the 

Accomplishment Instructions, paragraphs 

2.B.3. and 2.B.4., of ASB 52.13 or ASB 

52.00.38, as appropriate for your model 

helicopter. 

(3) Before further flight, adjust each microswitch, and conduct a functional test of the 

hinged-door indicating system: 

(i) By following the Accomplishment 

Instructions, paragraph 2.B.5. and 2.B.6., of 

ASB 52.13, for the Model SA330F, G, and J 

helicopters, or 

(ii) By following the Accomplishment 

Instructions, paragraph 2.B.5.a. through 

2.B.5.b. of ASB 52.00.38 for the Model 

AS332C, L, L1, and L2 helicopters. 

Differences Between This AD and the MCAI 

AD 

(f) We refer to flight hours as hours TIS. 

This AD does not apply to the Model 

AS332C1 because that model is not FAA type 

certificated. 

Other Information 

(g) Alternative Methods of Compliance 

(AMOCs): The Manager, Safety Management 

Group, ATTN: DOT/FAA Southwest Region, 

Gary Roach, ASW–111, Aviation Safety 

Engineer, Rotorcraft Directorate, Regulations 

and Guidance Group, 2601 Meacham Blvd, 

Fort Worth, Texas 76137, telephone (817) 

222–5130, 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) EASA MCAI AD No. 2009–0015, dated 

January 21, 2009, contains related 

information. 

Joint Aircraft System/Component (JASC) 

Code 

(i) The JASC Code is 5200: Doors. 

Issued in Fort Worth, Texas, on June 11, 

2010. 

Scott A. Horn, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–16528 Filed 7–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 152 

[EPA–HQ–OPP–2010-0427; FRL–8826–5] 

Declaration of Prion as a Pest under 

FIFRA and Amendment of EPA’s 

Regulatory Definition of Pests to 

Include Prion; Notification to the 

Secretaries of Agriculture and Health 

and Human Services 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification to the Secretaries of 

Agriculture and Health and Human 

Services. 

SUMMARY: This document notifies the 

public that the Administrator of EPA 

has forwarded to the Secretaries of 

Agriculture and Health and Human 

Services a draft proposed rule under 

sections 21 and 25(a) of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA). The draft rule proposes to 

declare a prion (i.e., proteinaceous 

infectious particle) a ‘‘pest’’ under the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), so a product 

intended to reduce the infectivity of any 

prion on inanimate surfaces (i.e., a 

‘‘prion product’’) is considered to be a 

pesticide and regulated as such. Any 

company seeking to distribute or sell a 

pesticide product regulated under 

FIFRA must obtain EPA approval before 

it can be distributed or sold in the 

United States. This draft proposed rule 

would codify the Agency’s current 

interpretation of FIFRA, and provides 

interested parties the opportunity to 

comment about how it is adding prion 

to the list of pests in EPA’s regulations. 

This amendment, together with the 

formal declaration that a prion is a pest, 

will eliminate any confusion about the 

status of prion products under FIFRA. 

Regulating prion products under FIFRA 

is appropriate for protecting human 

health and the environment against 

unreasonable adverse effects and 

ensuring that such products are 

effective. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2010–0427. All documents in the 

docket are listed in the docket index 

available in http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Kempter, Antimicrobials Division 

(7510P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington 

DC 20460–0001; telephone number: 

(703) 305–5448; e-mail address: 

kempter.carlton@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this Action Apply to Me? 

This action is directed to the public 

in general. It simply announces the 

submission of a draft proposed rule to 

the United States Department of 

Agriculture (USDA) and does not 

otherwise affect any specific entities. 

This action may, however, be of 

particular interest to: 


cprice-sewell on DSK8KYBLC1PROD with PROPOSALS-1