20234 Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Rules and Regulations 

(t) Retained Parts Installation Limitations 

This paragraph restates the requirements of 

paragraph (t) of AD 2010–17–19, Amendment 

39–16413 (75 FR 52242, August 25, 2010), 

with revised limitations. As of September 9, 

2010 (the effective date of AD 2010–17–19), 

and until the replacement required by 

paragraph (u) of this AD for airplanes with 

line numbers 1 through 3909 inclusive, or 

until the effective date of this new AD for 

airplanes with line numbers 3910 and 

subsequent, as applicable: Comply with the 

conditions specified in paragraphs (t)(1) and 

(t)(2) of this AD. 

(1) No person may install an elevator tab 

control mechanism, part number (P/N) 

251A2430-(), on any airplane, unless the 

mechanism has been inspected before and 

after installation using the inspection 

procedures specified in paragraphs (o)(1) and 

(o)(2) of this AD, and no discrepancies have 

been found. 

(2) An elevator tab control mechanism, P/ 

N 251A2430-(), may be installed, provided 

that the inspection specified in paragraph (n) 

of this AD is done within 300 flight hours 

after doing the installation, and that the 

inspection specified in paragraph (n) of this 

AD is repeated thereafter at intervals not to 

exceed 300 flight hours. 

(u) New Replacement 

For airplanes having line numbers 1 

through 3909 inclusive: Within 60 months 

after the effective date of this AD, replace the 

left and right elevator tab control 

mechanisms with elevator tab control 

mechanisms that have new machined aft 

attach lugs, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin 737–27–1300, dated April 

16, 2012. This replacement terminates the 

requirements of paragraphs (g) through (t) of 

this AD. Although Boeing Service Bulletin 

737–27–1300, dated April 16, 2012, specifies 

submitting a report, there is no requirement 

to report completion of the replacement 

required by paragraph (u) of this AD. 

(v) New Parts Installation Prohibition 

As of the effective date of this AD, no 

person may install, on any airplane identified 

in paragraph (v)(1) or (v)(2) of this AD, an 

elevator tab control mechanism having P/N 

251A2430–13, –14, –15, –16, –17, –18, –101, 

–102, –103, –104, –105, or –106. 

(1) Airplanes on which the replacement in 

paragraph (u) of this AD has been 

accomplished. 

(2) Airplanes with line numbers 3910 and 

subsequent. 

(w) Paperwork Reduction Act Burden 

Statement 

A federal agency may not conduct or 

sponsor, and a person is not required to 

respond to, nor shall a person be subject to 

a penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork Reduction 

Act unless that collection of information 

displays a current valid OMB Control 

Number. The OMB Control Number for this 

information collection is 2120–0056. Public 

reporting for this collection of information is 

estimated to be approximately 5 minutes per 

response, including the time for reviewing 

instructions, completing and reviewing the 

collection of information. All responses to 

this collection of information are mandatory. 

Comments concerning the accuracy of this 

burden and suggestions for reducing the 

burden should be directed to the FAA at: 800 

Independence Ave. SW., Washington, DC 

20591, Attn: Information Collection 

Clearance Officer, AES–200. 

(x) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be emailed to 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(4) AMOCs approved for AD 2010–17–19, 

Amendment 39–16413 (75 FR 52242, August 

25, 2010), are approved as AMOCs for the 

corresponding provisions of this AD. The 

expiration of the AMOCS to AD 2010–17–19, 

as specified in the service information 

identified in paragraphs (x)(4)(i) and (x)(4)(ii) 

of this AD, is extended to remain valid until 

accomplishment of the requirements of 

paragraph (u) of this AD. 

(i) Boeing Alert Service Bulletin 737– 

27A1299, dated July 1, 2011 (which is not 

incorporated by reference in this AD). 

(ii) Boeing Alert Service Bulletin 737– 

27A1299, Revision 1, dated April 16, 2012 

(which is not incorporated by reference in 

this AD). 

(y) Related Information 

For more information about this AD, 

contact Kelly McGuckin, Aerospace 

Engineer, Systems and Equipment Branch, 

ANM–130S, FAA, Seattle Aircraft 

Certification Office (ACO), 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 

phone: 425–917–6490; fax: 425–917–6590; 

email: kelly.mcguckin@faa.gov. 

(z) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(3) The following service information was 

approved for IBR on May 9, 2013. 

(i) Boeing Service Bulletin 737–27–1300, 

dated April 16, 2012. 

(ii) Reserved. 

(4) The following service information was 

approved for IBR on September 9, 2010 (75 

FR 52242, August 25, 2010). 

(i) Boeing Alert Service Bulletin 737– 

27A1297, Revision 1, dated August 2, 2010. 

(ii) Reserved. 

(5) The following service information was 

approved for IBR on April 29, 2010 (75 FR 

21499, April 26, 2010). 

(i) Boeing Alert Service Bulletin 737– 

27A1297, dated April 16, 2010. 

(ii) Reserved. 

(6) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, WA 98124–2207; telephone 206– 

544–5000, extension 1; fax 206–766–5680; 

Internet https://www.myboeingfleet.com. 

(7) You may view this service information 

at FAA, You may review copies of the 

referenced service information at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue SW., Renton, WA. For information 

on the availability of this material at the 

FAA, call 425–227–1221. 

(8) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on March 

20, 2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–07209 Filed 4–3–13; 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; Amendment 

39–17404; AD 2013–06–07] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Eurocopter France (Eurocopter) Model 

SA–365N1, AS–365N2, and AS 365 N3 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Rules and Regulations 20235 

helicopters. This AD requires 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 upon a nonreinforced shelf in the rear cargo 

compartment. Also, this AD requires 

modifying the GV76–1 vertical gyro unit 

shelf and testing for correct function of 

the navigation systems. This AD was 

prompted by flight crew reports of 

deviations between the displayed 

attitude on the attitude display screen 

and the independent electromechanical 

standby attitude indicator. The actions 

of this AD 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: This AD is effective May 9, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain document listed in this AD 

as of May 9, 2013. 

ADDRESSES: For service information 

identified in this AD, contact American 

Eurocopter Corporation, 2701 N. Forum 

Drive, Grand Prairie, Texas 75052; 

telephone (972) 641–0000 or (800) 232– 

0323; fax (972) 641–3775; or at http:// 

www.eurocopter.com/techpub. 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. 

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 AD, any 

incorporated-by-reference service 

information, the economic evaluation, 

any comments received, and other 

information. The street address for the 

Docket Operations Office (phone: 800– 

647–5527) is U.S. Department of 

Transportation, Docket Operations 

Office, M–30, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Mark F. Wiley, Aviation Safety 

Engineer, Regulations and Policy Group, 

Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; email 

mark.wiley@faa.gov. 

SUPPLEMENTARY INFORMATION:

Discussion 

On September 25, 2012, at 77 FR 

58971, the Federal Register published 

our notice of proposed rulemaking 

(NPRM), which proposed to amend 14 

CFR part 39 to include an AD that 

would apply to certain Eurocopter 

Model SA–365N1, AS–365N2, and AS 

365 N3 helicopters, with the GV76–1 

vertical gyro unit installed on the lefthand (LH) or right-hand (RH) shelf in 

the rear cargo compartment, pre-MOD 

365P081895. That NPRM proposed to 

require revising the Limitations section 

of the RFM to prohibit flight in IMC or 

night VFR until the GV76–1 vertical 

gyro unit shelf is reinforced and tested. 

The proposed requirements were 

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. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, issued EASA 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. 

Comments 

We gave the public the opportunity to 

participate in developing this AD, but 

we did not receive any comments on the 

NPRM (77 FR 58971, September 25, 

2012). 

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 the 

EASA AD. We are issuing 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 and that air 

safety and the public interest require 

adopting the AD requirements as 

proposed. 

Differences Between This 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. 

Related Service Information 

Eurocopter issued 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 AS 365 N3 helicopters 

and for military non-FAA typecertificated 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 RH or 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. 

Costs of Compliance 

We estimate that this AD will affect 

19 helicopters of U.S. Registry. We 

estimate that operators may incur the 

following costs in order to comply with 

this AD. It will take about 16 workhours to install a shelf reinforcement kit 

per helicopter at an average labor rate of 

$85 per work-hour. Required parts will 

cost about $2,560 per helicopter. Based 

on these figures, we estimate the total 

cost of this 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 


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20236 Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Rules and Regulations 

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 

helicopters identified in this rulemaking 

action. 

Regulatory Findings 

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. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

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 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. 

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 airworthiness 

directive (AD): 

2013–06–07 Eurocopter France Helicopters: 

Amendment 39–17404; 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) Effective Date. 

This AD becomes effective May 9, 2013. 

(d) 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. 

(e) 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 (e)(1) of this AD. 

(4) Modifying the GV76–1 vertical gyro 

unit shelf is terminating action for the 

requirements of this AD. 

(f) 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, Regulations and 

Policy Group, Rotorcraft Directorate, FAA, 

2601 Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; email 

mark.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. 

(g) Additional Information 

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. 

(h) Subject. 

Joint Aircraft Service Component (JASC) 

Code: 3421, Attitude Gyro and Indicator 

System. 

(i) Material Incorporated by Reference. 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Eurocopter Alert Service Bulletin No. 

34.00.31, Revision 1, dated July 28, 2010. 

(ii) Reserved. 

(3) For Eurocopter service information 

identified in this AD, contact American 

Eurocopter Corporation, 2701 N. Forum 

Drive, Grand Prairie, Texas 75052; telephone 

(972) 641–0000 or (800) 232–0323; fax (972) 

641–3775; or at http://www.eurocopter.com/ 

techpub. 

(4) You may view this service information 

at FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham Blvd., 

Room 663, Fort Worth, Texas 76137. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

(202) 741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Fort Worth, Texas, on March 21, 

2013. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–07211 Filed 4–3–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

National Indian Gaming Commission 

25 CFR Part 518 

RIN 3141–AA44 

Self-Regulation of Class II Gaming 

AGENCY: National Indian Gaming 

Commission. 

ACTION: Final rule. 

SUMMARY: The National Indian Gaming 

Commission (NIGC or Commission) 

amends its regulation for the review and 

approval of petitions seeking the 

issuance of a certificate for tribal selfregulation of Class II gaming. 

DATES: Effective Date: The effective date 

of these regulations is September 1, 

2013. 

FOR FURTHER INFORMATION CONTACT: John 

Hay, National Indian Gaming 


wreier-aviles on DSK5TPTVN1PROD with RULES