3380 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations 

(e) Appraisals. Unless otherwise 

approved by the Agency, an appraisal 

conducted as specified under 

§ 4279.244. 

* * * * * 

Dated: January 11, 2012. 

Dallas Tonsager, 

Under Secretary, Rural Development. 

[FR Doc. 2012–1149 Filed 1–23–12; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0923; Directorate 

Identifier 2009–SW–20–AD; Amendment 39– 

16794; AD 2011–18–12] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France (ECF) Model AS350B, B1, B2, 

B3, BA, and D; and AS355E, F, F1, F2, 

and N Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

the specified ECF model helicopters. 

This 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 Union. The 

MCAI AD states that some cracks have 

been discovered in the spar of the upper 

fin on Model AS355N helicopters. Due 

to the fin design similarity between 

AS350 and AS355 helicopters, this AD 

action applies to both helicopter 

models. Modifying the upper and lower 

fin attachment is intended to prevent 

failure of a spar, loss of a fin, a 

separated fin hitting a rotor, and 

subsequent loss of control of a 

helicopter. 

DATES: This AD becomes effective on 

February 8, 2012. 

The incorporation by reference of 

certain publications is approved by the 

Director of the Federal Register as of 

February 8, 2012. 

We must receive comments on this 

AD by March 26, 2012. 

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 your 

comments electronically. 

• 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 AD from American 

Eurocopter Corporation, 2701 Forum 

Drive, Grand Prairie, TX 75053–4005, 

telephone (972) 641–3460, fax (972) 

641–3527, or at http:// 

www.eurocopter.com. 

Examining The 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, 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 

AD. Comments will be available in the 

AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: Jim 

Grigg, ASW–112, Aviation Safety 

Engineer, Rotorcraft Directorate, Safety 

Management Group, 2601 Meacham 

Blvd., Fort Worth, Texas 76137, 

telephone (817) 222–5126, fax (817) 

222–5961. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On March 11, 1983, we issued AD 82– 

13–05 R1, Amendment 39–4567 (48 FR 

13406, March 31, 1983), which revised 

AD 82–13–05, Amendment 39–4401 (47 

FR 27244, June 24, 1982), which 

superseded AD 82–02–02, Amendment 

39–4294 (47 FR 1113, January 11, 1982). 

The current AD requires a visual check 

for a crack in the flanges of the upper 

vertical fin support before the first flight 

each day. It also requires an initial 10 

hours time-in-service (TIS) inspection 

and thereafter, at intervals not to exceed 

50 hours TIS, repetitive dye-penetrant 

or equivalent inspections for a crack in 

the flange of the upper vertical fin 

support. Since we issued those ADs, 

there have been additional reports of 

cracks in the spar area of the upper tail 

fin of the ECF Model AS355N 

helicopters. 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD No. 2009– 

0030, dated February 12, 2009, which 

supersedes EASA AD 2008–0121, dated 

June 27, 2008, for the AS350 

helicopters. EASA has also issued AD 

No. 2009–0029, dated February 12, 

2009, which supersedes EASA AD 

2008–0120, dated June 27, 2008, for the 

AS355 helicopters. This latest unsafe 

condition results from additional cracks 

that have been discovered in the spar of 

the upper fin on Model AS355N 

helicopters. Due to the fin design 

similarity between AS350 and AS355 

helicopters, the same corrective action 

applies to both model helicopters. 

Modifying the upper and lower fin 

attachment is intended to prevent 

failure of a spar, loss of a fin, a 

separated fin hitting a rotor, and 

subsequent loss of control of a 

helicopter. 

You may obtain further information 

by examining the MCAI and any related 

service information in the AD docket. 

Related Service Information 

ECF has issued Alert Service Bulletin 

(ASB) No. 55.00.12, Revision 1, dated 

January 5, 2009, specifying MOD 

073330 for the Model AS355E, F, F1, F2, 

and N helicopters and No. 55.00.16, 

Revision 1, dated January 5, 2009, 

specifying MOD 073330 for the Model 

SA350B, B1, B2, B3, BA, BB, D, and L1 

helicopters. ECF has also issued ASB 

No. 55.00.11, Revision 2, dated February 

28, 2008, specifying MOD 073288 for 

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

helicopters and No. 55.00.13, Revision 

2, dated February 28, 2008, specifying 

MOD 073288 for the AS350B3 

helicopters. These ASBs specify various 

inspections and modifications for 

improving or monitoring upper and 

lower fin attachments and improving 

the attachment strength for upper and 

lower tailboom fin. The actions 

described in the MCAI AD are intended 

to correct the same unsafe condition as 

that identified in the service 

information. 

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 agent, has notified us of the 

unsafe condition described in the MCAI 

AD. We are issuing this AD because we 

evaluated all information provided by 

the EASA and determined the unsafe 

condition exists and is likely to exist or 

develop on other ECF helicopters of 

these same type designs. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations 3381 

Differences Between This AD and the 

MCAI 

We refer to flight hours as hours timein-service. The dates in the MCAI have 

already passed; therefore, we did not 

use them in this AD. Also, some of the 

requirements are out-of-date, and we 

have not included them in this AD. We 

have also made some minor editorial 

changes for clarity. 

Costs of Compliance 

We estimate that this AD will affect 

about 791 helicopters of U.S. registry. 

We also estimate that it will take about 

4 work-hours per helicopter to modify 

the upper and lower fins and the upper 

and lower fin attachments. The average 

labor rate is $85 per work-hour. 

Required parts will cost about $453. 

Based on these figures, we estimate the 

cost of this AD on U.S. operators will be 

$793 to modify each helicopter or 

$627,263 for the fleet, assuming every 

helicopter is modified. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

superseding AD. We find that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because of reported cracks in the 

spar of the upper fin on AS355N 

helicopters. The growth of a crack in a 

fin attachment spar might occur quickly 

and if not corrected, lead to failure of a 

spar, loss of a fin, a separated fin hitting 

a rotor, and subsequent loss of control 

of the helicopter. Therefore, we have 

determined that notice and opportunity 

for public comment before issuing this 

AD are impracticable and that good 

cause exists for making this amendment 

effective in fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. 

However, we invite you to send us any 

written data, views, or arguments 

concerning this AD. Send your 

comments to an address listed under the 

ADDRESSES section of this AD. Include 

‘‘Docket No. FAA–2011–0923; 

Directorate Identifier 2009–SW–20–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because 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 we receive 

about this AD. 

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 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. 

Therefore, I certify this 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). 

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 AD: 

2011–18–12 Eurocopter France: 

Amendment 39–16794. Docket No. 

FAA–2011–0923; Directorate Identifier 

2009–SW–20–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective on February 8, 2012. 

Other Affected ADs 

(b) This AD supersedes AD 82–13–05R1, 

Amendment 39–4567, Docket No. 83–ASW– 

09 (48 FR 13406; March 31, 1983); which 

revised AD 82–13–05, Amendment 39–4401 

(47 FR 27244; June 24, 1982); which 

superseded AD 82–02–02, Amendment 39– 

4294 (47 FR 1113; January 11, 1982). 

Applicability 

(c) This AD applies to Model AS350B, B1, 

B2, B3, BA, and D; and AS355E, F, F1, F2, 

and N helicopters with upper and lower fins 

assemblies, installed, that have a part number 

(P/N) as follows: 

(1) For the Model AS350B, B1, B2, B3, BA, 

and D helicopters, certificated in any 

category: 

Upper fin assembly 

P/N: 

Lower fin assembly 

P/N: 

350A14–0020–00XX 350A14–0021–00XX 

350A14–0020–01XX 350A14–0021–01XX 

350A14–0020–02XX 350A14–0021–02XX 

350A14–0020–03XX 350A14–0021–03XX 

350A14–0020–08XX 350A14–0021–04XX 

350A14–0020–09XX 

350A14–0020–10XX 

350A14–0020–17XX 

350A14–0020–18XX 

350A14–0020–19XX 

350A64–1144–00XX 

(2) For the Model AS355E, F, F1, F2, and 

N helicopters, certificated in any category: 

Upper fin assembly 

P/N: 

Lower fin assembly 

P/N: 

355A14–0522–00XX 355A14–0521–00XX 

355A14–0522–01XX 355A14–0521–01XX 

355A14–0522–02XX 355A14–0521–02XX 

355A14–0522–03XX 355A14–0521–03XX 

355A14–0522–13XX 

355A14–0522–14XX 

355A14–0522–15XX 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) AD states 

that some cracks have been discovered in the 

spar of the upper fin on Model AS355N 

helicopters. Due to the fin design similarity 

between AS350 and AS355 helicopters, the 


srobinson on DSK4SPTVN1PROD with RULES
3382 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations 

same corrective action applies to both types 

of helicopters. 

Actions and Compliance 

(e) Within 30 days, unless accomplished 

previously: 

(1) For Model AS350 helicopters with part 

numbers listed in paragraph (c)(1) of this AD, 

modify each fin as depicted in Figure 1 and 

by following the Accomplishment 

Instructions, paragraph 2.B.2., Eurocopter 

Model AS350 Alert Service Bulletin (ASB) 

No. 55.00.16, Revision 1, dated January 5, 

2009. 

(2) For Model AS355 helicopters with part 

numbers listed in paragraph (c)(2) of this AD, 

modify each fin as depicted in Figure 1 and 

by following the Accomplishment 

Instructions, paragraph 2.B.2., of Eurocopter 

AS 355 ASB 55.00.12, Revision 1, dated 

January 5, 2009. 

Note: Eurocopter Safety Information Notice 

No. 2315–S–55, Revision 1, dated April 21, 

2011, not incorporated by reference, contains 

information about the subject of this AD. 

Differences Between This AD and the MCAI 

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

The dates in the MCAI have already passed; 

therefore, we did not use them in this AD. 

Also, some of the requirements are out-ofdate, and we have not included them in this 

AD. We have also made some minor editorial 

changes for clarity. 

Other Information 

(g) The Manager, Safety Management 

Group, Rotorcraft Directorate, ATTN: FAA 

Safety Management Group, Jim Grigg., ASW– 

112, Aviation Safety Engineer, 2601 

Meacham Blvd., Fort Worth, Texas 76137, 

telephone (817) 222–5126, fax (817) 222– 

5961, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. 

(h) Special flight permits are prohibited. 

Related Information 

(i) EASA MCAI Airworthiness Directive 

Nos. 2009–0029 and 2009–0030, both dated 

February 12, 2009, contain related 

information. 

Joint Aircraft System/Component Code 

(j) The Joint Aircraft System/Component 

(JASC) Code is: 5531—Vertical stabilizer 

spar/rib structure. 

Material Incorporated by Reference 

(k) You must use the specified portions of 

the service information specified in this AD 

to do the actions required. The Director of the 

Federal Register approved the incorporation 

by reference of this service information under 

5 U.S.C. 552(a) and 1 CFR part 51. 

(1) Eurocopter Model AS350 Alert Service 

Bulletin No. 55.00.16, Revision 1, dated 

January 5, 2009; and 

(2) Eurocopter Model AS 355 Alert Service 

Bulletin No. 55.00.12, Revision 1, dated 

January 5, 2009. 

(3) For service information identified in 

this AD, contact American Eurocopter 

Corporation, 2701 Forum Drive, Grand 

Prairie, TX 75053–4005, telephone (972) 

641–3460, fax (972) 641–3527, or at http:// 

www.eurocopter.com. 

(4) You may review copies at the DOT/ 

FAA, Southwest Region, Office of the 

Regional Counsel, 2601 Meacham Blvd., Fort 

Worth, Texas 76137; or 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/ibr-locations.html. 

Issued in Fort Worth, Texas, on August 19, 

2011. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–365 Filed 1–23–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1454; Directorate 

Identifier 2011–SW–054–AD; Amendment 

39–16910; AD 2011–27–08] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Agusta S.p.A. (Agusta) model A109S 

and AW109SP helicopters. This AD is 

prompted by a fatigue crack found in 

the left elevator assembly along the 

riveting of the upper skin to the fourth 

rib on an Agusta A109S helicopter. 

These actions are intended to detect a 

crack, which could lead to a failure of 

the elevator, reduced maneuverability of 

the helicopter, and subsequent loss of 

control of the helicopter. 

DATES: This AD becomes effective 

February 8, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain documents listed in this AD 

as of February 8, 2012. 

We must receive comments on this 

AD by March 26, 2012. 

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 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 AD, contact Agusta Westland, 

Customer Support & Services, Via Per 

Tornavento 15, 21019 Somma Lombardo 

(VA) Italy, ATTN: Giovanni Cecchelli; 

telephone 39–0331–711133; fax 39 0331 

711180; or at http:// 

www.agustawestland.com/technicalbullettins. You may review copies of the 

referenced 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: Jim 

Grigg, Manager, FAA, Rotorcraft 

Directorate, Safety Management Group, 

2601 Meacham Blvd. Fort Worth TX 

76137, telephone (817) 222–5126, fax 

(817) 222–5961, email 

jim.grigg@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments prior to it becoming effective. 

However, 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 

federalism impacts that resulted from 

adopting this AD. The most helpful 

comments reference a specific portion of 

the AD, 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 them only one time. 

We will file in the docket all 

comments that we receive, as well as a 

report summarizing each substantive 


srobinson on DSK4SPTVN1PROD with RULES