[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Proposed Rules]
[Pages 11787-11789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4606]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0177; Directorate Identifier 2009-SW-59-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Eurocopter France Model EC155B and EC155B1 helicopters with a VIP 4-
seat bench. This proposed AD is prompted by the determination that the 
load strength of the seat attachment hardware of the seat installation 
does not meet certification specifications. The proposed actions are 
intended to prevent overloading of the seat structure at the attachment 
point during a hard landing or emergency landing, which could result in 
the VIP 4-seat bench detaching from the floor and subsequent injury to 
the seat occupants.

DATES: We must receive comments on this proposed AD by April 30, 2012.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 proposed 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 proposed AD, contact 
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX 
75052, telephone (972) 641-0000 or (800) 232-0323, fax (972) 641-3775, 
or at http://www.eurocopter.com/techpub. You may review a copy 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: Gary Roach, Aerospace Engineer, FAA, 
Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas 
76137; telephone: (817) 222-5130; fax: (817) 222-5961, email 
<a href="/cdn-cgi/l/email-protection#2d4a4c5f54034f035f424c4e456d4b4c4c034a425b"><span class="__cf_email__" data-cfemail="781f190a01561a560a17191b10381e1919561f170e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    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 might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, 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

[[Page 11788]]

filed electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as 
a report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued AD No. 
2009-0078R1, dated June 30, 2009 (AD No. 2009-0078R1), which supersedes 
Emergency AD No. 2009-0078-E, dated April 1, 2009 (AD No. 2009-0078-E), 
to correct an unsafe condition for the Eurocopter model EC155B and 
EC155B1, all serial numbers up to and including 6892, fitted with a VIP 
4-seat bench, part number (P/N) 365V85-0045-01 or 365V85-0046-01. EASA 
advises that Eurocopter identified an unsafe condition while performing 
customization work that involved the installation of the VIP 4-seat 
bench. During the installation work, Eurocopter determined that the 
load strength of the seat attachment hardware of the seat installation 
did not meet certification specifications. EASA advises that this 
condition, if not corrected, would lead to overloading of the seat 
structure at the attachment point during an emergency landing, which 
could result in the seat bench detaching from the floor fitting rails 
and potentially resulting in injury to the seat occupants.

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 
their 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.

Related Service Information

    Eurocopter has issued Emergency Alert Service Bulletin (ASB) No. 
04A009, Revision 1, dated June 24, 2009 (Emergency ASB No. 04A009R1) 
which revises Emergency Alert Service Bulletin No. 04A009, Revision 0, 
dated March 30, 2009 (Emergency ASB No. 04A009R0). Emergency ASB No. 
04A009R0 specified revising the RFM to restrict the VIP 4-seat bench to 
a maximum of 3 occupants. It also specified converting the VIP 4-seat 
bench into a 3-seat bench at ``the next flight-related inspection 
scheduled at 15 hours or 7 days,'' whichever occurred first. EASA 
classified Emergency ASB No. 04A009R0 as mandatory to ensure the 
continued airworthiness of these helicopters and issued EASA Emergency 
AD No. 2009-0078-E.
    Eurocopter has now developed optional terminating action. 
Eurocopter issued ASB No. 25-095, dated June 25, 2009 (ASB No. 25-095) 
that specifies installing new shims between the attachment rails and 
the cabin floor at the seat position to strengthen the attachment 
security of the seat using a rear VIP bench seat retrofit kit, P/N 
365V08-0079-0171, or front VIP bench seat retrofit kit, P/N 365V08-
0079-0271. Eurocopter also issued Emergency ASB No. 04A009R1, which 
retained the requirements of Emergency ASB No. 04A009R0, and also 
specified that helicopters equipped with the bench modification kits in 
accordance with ASB No. 25-095 had met the requirements of Emergency 
ASB No. 04A009R1. In response, EASA issued AD No. 2009-0078R1, which 
retained the requirements of Emergency AD No. 2009-0078-E, and added 
the optional terminating action of modifying the seat configuration to 
strengthen the attachment security of the seat using the bench 
modification kit. EASA also stated that after installing the bench 
modification kit, you could remove the RFM limitation of 3 occupants 
and reconfigure the 3-seat bench to a 4-seat bench.

Proposed AD Requirements

    This proposed AD would require the following actions:
    <bullet> Before further flight, revise the Limitations section of 
the RFM by inserting the following statement into the Limitations 
section: ``The VIP 4-seat bench, P/N 365V85-0045-01 or 365V85-0046-01, 
is limited to 3 passengers.'' The change to the Limitations section of 
the RFM may be made in pen and ink, or by inserting a copy of the AD 
into the Limitations section of the RFM.
    <bullet> Within the next 15 hours time-in-service (TIS), convert 
the VIP 4-seat bench into a 3-seat configuration.
    <bullet> Instead of revising the Limitations section of the RFM and 
converting the VIP 4-seat bench into a 3-seat configuration, you may 
modify the rear VIP 4-seat bench by installing the shims contained in 
kit P/N 365V08-0079-0171 (which corresponds to modification 365V08-
0079-01), or the front VIP 4-seat bench by installing the shims 
contained in kit P/N 365V08-0079-0271 (which corresponds to 
modification 365V08-0079-02). This action constitutes terminating 
action for the requirements of this proposed AD.

Differences Between This Proposed AD and the EASA AD

    This proposed AD specifies that the conversion of the VIP 4-seat 
bench to a 3-seat bench must occur within 15 hours TIS, while the EASA 
AD specifies that compliance must occur within 15 hours TIS or 7 days, 
whichever occurs first. This proposed AD uses different P/Ns for the 
bench modification kits, because AD No. 2009-0078R1 and ASB No. 25-095 
use different P/Ns for the same part, and this proposed AD uses the P/N 
in ASB No. 25-095.

Costs of Compliance

    We estimate that this proposed AD would affect 4 helicopters of 
U.S. registry. We estimate that it would take a negligible amount of 
work hours per helicopter to amend the Limitation section of the 
applicable RFM. We estimate it would take approximately 0.25 hour to 
convert the VIP 4-seat bench to a 3-seat bench at an average labor rate 
of $85 per work hour. Estimated labor costs for the conversion are 
approximately $21.25 per helicopter, and approximately $85 for the 
fleet. Based on these figures, we estimate the total cost impact of the 
proposed AD on U.S. operators to be $85, assuming that no helicopter 
has been previously modified with the rear VIP bench seat retrofit kit 
P/N 365V08-0079-0171 and the front VIP bench seat retrofit kit P/N 
365V08-0079-0271.

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

[[Page 11789]]

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.

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.
    For the reasons discussed, I certify this 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);
    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 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:

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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new 
Airworthiness Directive (AD):

EUROCOPTER FRANCE: Docket No. FAA-2012-0177; Directorate Identifier 
2009-SW-59-AD.

(a) Applicability

    This AD applies to Model EC155B and EC155B1 helicopters, all 
serial numbers up to and including 6892, with a VIP 4-seat bench, 
part number (P/N) 365V85-0045-01 or 365V85-0046-01, installed; 
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as possible overloading of 
the seat structure at the attachment point during a hard landing or 
emergency landing. This condition could result in the bench seat 
detaching from the floor and subsequent injury to the seat 
occupants.

(c) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless accomplished 
previously.

(d) Required Actions

    (i) Before further flight, revise the Limitations section of the 
Rotorcraft Flight Manual (RFM) by inserting the following statement 
into the Limitations section: ``The VIP 4-seat bench, P/N 365V85-
0045-01 or 365V85-0046-01 is limited to 3 passengers.'' You may make 
the change to the Limitations section of the RFM in pen and ink, or 
by inserting a copy of this AD into the Limitations section of the 
RFM.
    (ii) Within the next 15 hours time-in-service, convert the VIP 
4-seat bench into the 3-seat configuration in accordance with 
paragraphs 2.B.1 through 2.B.3 and Figure 1 of Eurocopter Emergency 
Alert Service Bulletin No. 04A009, Revision 1, dated June 24, 2009.
    (iii) Instead of complying with paragraphs (d)(i) and (d)(ii) of 
this AD, you may modify the rear VIP 4-seat bench by installing the 
shims contained in rear VIP bench seat retrofit kit, P/N 365V08-
0079-0171 (which corresponds to modification 365V08-0079-01), or the 
front VIP 4-seat bench by installing the shims contained in front 
VIP bench seat retrofit kit, P/N 365V08-0079-0271 (which corresponds 
to modification 365V08-0079-02), in accordance with the Operational 
Procedure, paragraph 2.B. of the Eurocopter Alert Service Bulletin 
No. 25-095, dated June 25, 2009. Modifying the VIP 4-seat bench 
constitutes terminating action for the requirements of this AD.

(e) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Gary Roach, Aerospace Engineer, 
FAA, Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, 
Texas 76137; telephone: (817) 222-5130; fax: (817) 222-5961, email 
<a href="/cdn-cgi/l/email-protection#9afdfbe8e3b4f8b4e8f5fbf9f2dafcfbfbb4fdf5ec"><span class="__cf_email__" data-cfemail="e087819299ce82ce928f818388a0868181ce878f96">[email protected]</span></a>.
    (2) For operations conducted under a Part 119 operating 
certificate or under 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.

(f) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency AD No. 2009-0078R1, dated June 30, 2009.

(g) Subject

    Joint Aircraft Service Component (JASC) Code: 2500: Cabin 
Equipment/Furnishings.

    Issued in Fort Worth, Texas, on February 10, 2012.
Lance T. Gant,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-4606 Filed 2-27-12; 8:45 am]
BILLING CODE 4910-13-P


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