65222 Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Rules and Regulations 

additional proceedings are necessary to 

resolve the issues. 

§ 1203.26 Decision of the adjudicative 

officer. 

(a) The adjudicative officer must make 

the initial decision on the basis of the 

written record, except if further 

proceedings are ordered under 

§ 1203.25. 

(b) The adjudicative officer must issue 

a written initial decision on the 

application for award within 30 days 

after completion of proceedings on the 

application. The initial decision will 

become the final decision of FHFA after 

30 days from the day it was issued, 

unless review is ordered under 

§ 1203.27. 

(c) In all initial decisions, the 

adjudicative officer must include 

findings and conclusions with respect to 

the applicant’s eligibility and an 

explanation of the reasons for any 

difference between the amount 

requested by the applicant and the 

amount awarded. If the applicant has 

sought an award against more than one 

agency, the adjudicative officer must 

also include findings and conclusions 

with respect to the allocation of 

payment of any award made. 

(d) In initial decisions on applications 

filed pursuant to § 1203.4(a), the 

adjudicative officer must include 

findings and conclusions as to whether 

FHFA made a demand that was 

substantially in excess of the decision in 

the underlying adversary adjudication 

and that was unreasonable when 

compared with that decision; and, if at 

issue, whether the applicant has 

committed a willful violation of the law 

or otherwise acted in bad faith, or 

whether special circumstances would 

make the award unjust. 

(e) In decisions on applications filed 

pursuant to § 1203.4(b), the adjudicative 

officer must include written findings 

and conclusions as to whether the 

applicant is a prevailing party and 

whether the position of FHFA was 

substantially justified; and, if at issue, 

whether the applicant unduly 

protracted or delayed the underlying 

adversary adjudication or whether 

special circumstance make the award 

unjust. 

§ 1203.27 Review by FHFA. 

Within 30 days after the adjudicative 

officer issues an initial decision under 

§ 1203.26, either the applicant or agency 

counsel may request the Director to 

review the initial decision of the 

adjudicative officer. The Director may 

also decide, at his or her discretion, to 

review the initial decision. If review is 

ordered, the Director must issue a final 

decision on the application for award or 

remand the application for award to the 

adjudicative officer for further 

proceedings under § 1203.25. 

§ 1203.28 Judicial review. 

Any party, other than the United 

States, that is dissatisfied with the final 

decision on an application for award of 

fees and expenses under this part may 

seek judicial review as provided in 5 

U.S.C. 504(c)(2). 

§ 1203.29 Payment of award. 

To receive payment of an award of 

fees and other expenses granted under 

this part, the applicant must submit a 

copy of the final decision that grants the 

award and a certification that the 

applicant will not seek review of the 

decision in the United States courts to 

the Director, Federal Housing Finance 

Agency, 1700 G Street, NW., 

Washington, DC 20552. FHFA must pay 

the amount awarded to the applicant 

within 60 days of receipt of the 

submission of the copy of the final 

decision and the certification, unless 

judicial review of the award has been 

sought by any party to the proceedings. 

CHAPTER XVII—OFFICE OF FEDERAL 

HOUSING ENTERPRISE OVERSIGHT, 

DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT 

PART 1705—[REMOVED] 

■ 2. Remove part 1705. 

Dated: October 14, 2010. 

Edward J. DeMarco, 

Acting Director, Federal Housing Finance 

Agency. 

[FR Doc. 2010–26650 Filed 10–21–10; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0611; Directorate 

Identifier 2009–SW–18–AD; Amendment 39– 

16487; AD 2010–22–08] 

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: Final rule. 

SUMMARY: We are adopting 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 AD 

requires replacing all servo-controls that 

are identified in the Applicability 

section of this AD. This 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 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: Effective November 26, 2010. 

ADDRESSES: You may get the service 

information identified in this AD from 

American Eurocopter Corporation, 2701 

Forum Drive, Grand Prairie, Texas 

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

fax (972) 641–3527. 

Examining the Docket: You may 

examine the docket that contains this 

AD, any comments, and other 

information on the Internet at http:// 

www.regulations.gov or at the Docket 

Operations office, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC. 

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: 

Discussion 

We issued a Notice of Proposed 

Rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the Eurocopter France Model 

AS 350 B, BA, B1, B2, B3, and D, and 

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

helicopters on June 9, 2010. That NPRM 

was published in the Federal Register 

on June 16, 2010 (75 FR 34062). That 

NPRM proposed to require replacing all 

servo-controls that are identified in the 

Applicability section of the proposed 

AD. The NPRM was 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 the NPRM 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. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 


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Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Rules and Regulations 65223 

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.’’ 

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 

States. Pursuant to our bilateral 

agreement with France, EASA, their 

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 products of 

these same type designs. This AD 

requires replacing all servo-controls 

with serial numbers that are in the 

Applicability section of this AD. 

Differences Between This AD and the 

EASA AD 

This AD does not require returning 

servo-controls to the manufacturer for 

return to conformity. This AD does not 

require inspecting for the existence of 

‘‘hard points’’ in the flight controls since 

this is accomplished during normal preflight run-up control checks. 

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, with one minor correction. 

Note 1 of the NPRM did not contain the 

revision level and dates of the EASB; 

this AD corrects that oversight. We have 

determined that this change neither 

increases the economic burden on any 

operator nor increases the scope of the 

AD. 

Costs of Compliance 

We estimate that this AD will affect 

about 56 helicopters of U.S. registry. We 

also estimate that it will take about 1.5 

work-hours per helicopter to replace a 

servo-control identified in the 

Applicability section of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $16,500 

per helicopter. Based on these figures, 

we estimate that the cost of this AD on 

U.S. operators is $931,140 for the entire 

fleet, or $16,628 per helicopter. 

Regulatory Findings 

We have 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. 

For the reasons discussed above, I 

certify that the 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 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, Safety. 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends 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: 

2010–22–08 Eurocopter France: 

Amendment 39–16487; 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. 


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65224 Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Rules and Regulations 

TABLE 1—Continued 

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

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 the next 50 hours time-inservice (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 No. 01.00.58 and 

No. 01.00.53, both Revision 1, and dated 

April 19, 2007, which are not incorporated 

by reference, contain additional information 

about 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. 

(d) This amendment becomes effective on 

November 26, 2010. 

Note 2: The subject of this AD is addressed 

in European Aviation Safety Agency (France) 

Emergency AD No. 2007–0141–E, dated May 

21, 2007. 

Issued in Fort Worth, Texas, on October 12, 

2010. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2010–26565 Filed 10–21–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0449; Directorate 

Identifier 2009–SW–38–AD; Amendment 39– 

16456; AD 2010–20–21] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Model A109E Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting an 

airworthiness directive (AD) that 

published in the Federal Register. That 

AD applies to the products listed above. 

The AD number, as shown in the PART 

39—AIRWORTHINESS DIRECTIVES 

section, is incorrect. This document 

corrects that error. In all other respects, 

the original document remains the 

same. 

DATES: This final rule is effective 

November 9, 2010. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE, Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

DOT/FAA Southwest Region, Mark 

Wiley, ASW–111, Aviation Safety 

Engineer, Rotorcraft Directorate, 

Regulations and Policy Group, 2601 

Meacham Blvd., Fort Worth, Texas 

76137, telephone (817) 222–5114, fax 

(817) 222–5961. 

SUPPLEMENTARY INFORMATION: This AD, 

Amendment 39–16456 (75 FR 61341, 

October 5, 2010), requires modifying the 

fuselage electrical installation and the 

overhead panel electrical installation for 

Agusta S.p.A. Model A109E helicopters. 

As published, the AD number shown 

in the third column on Federal Register 

page 61342 under item 2. of PART 39— 

AIRWORTHINESS DIRECTIVES section 

is incorrect. The AD number shown is 

‘‘2020–20–21;’’ the correct AD number 

should be ‘‘2010–20–21.’’ 

No other part of the preamble or 

regulatory information has been 

changed; therefore, only the changed 

portion of the final rule is being 

published in the Federal Register. 

The effective date of this AD remains 

November 9, 2010. 

Correction of Regulatory Text 

§ 39.13 [Corrected] 

In the Federal Register document 

2010–24723, filed October 4, 2010 and 

published on October 5, 2010 (75 FR 

61341), on page 61342, in the third 

column, under ‘‘§ 39.13 [Amended],’’ the 

AD number is corrected to read as 

follows: 

2010–20–21 AGUSTA S.p.A.: Amendment 

39–16456; Docket No. FAA–2010–0449; 

Directorate Identifier 2009–SW–38–AD. 

Issued in Fort Worth, Texas, on October 12, 

2010. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2010–26569 Filed 10–21–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0407; Airspace 

Docket No. 10–AGL–7] 

Amendment of Class E Airspace; 

Williston, ND 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace for Williston, ND, to 

accommodate Area Navigation (RNAV) 

Standard Instrument Approach 

Procedures (SIAPs) at Sloulin Field 


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