This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

36129 

Vol. 78, No. 116 

Monday, June 17, 2013 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0477; Directorate 

Identifier 2011–SW–015–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France (Eurocopter) Model Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede an 

existing airworthiness directive (AD) for 

Eurocopter Model AS350B, BA, B1, B2, 

C, D, and D1 helicopters and Model 

AS355E, F, F1, F2, and N helicopters 

with certain part-numbered tail gearbox 

(TGB) control levers installed. The 

existing AD currently requires repetitive 

visual inspections of the TGB control 

lever for a crack and replacing a cracked 

TGB control lever with an airworthy 

TGB control lever. Since we issued that 

AD, we have received reports of 

cracking on the opposite area of the TGB 

control lever. This proposed AD would 

retain the current requirements and 

would also require inspecting other 

areas of the TGB control lever not 

previously inspected and at additional 

inspection intervals. The proposed 

actions are intended to prevent failure 

of the TGB control lever, loss of tail 

rotor control, and subsequent loss of 

control of the helicopter. 

DATES: We must receive comments on 

this proposed AD by August 16, 2013. 

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 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 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: 

Robert Grant, Aviation Safety Engineer, 

Rotorcraft Directorate, Safety 

Management Group, 2601 Meacham 

Blvd., Fort Worth, TX 76137, telephone 

817–222–5110, email 

robert.grant@faa.gov. 

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 

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 

On August 2, 2010, we issued AD 

2010–11–51, Amendment 39–16396 (75 

FR 50874, August 18, 2010) for 

Eurocopter Model AS350B, BA, B1, B2, 

C, D, and D1 helicopters and Model 

AS355E, F, F1, F2, and N helicopters 

with certain part-numbered TGB control 

levers installed. AD 2010–11–51 

requires repetitive visual inspections of 

the TGB control lever for a crack and 

replacing a cracked TGB control lever 

with an airworthy TGB control lever. 

AD 2010–11–51 also contains optional 

terminating actions for the inspection 

requirements by either replacing a TBG 

control lever with an airworthy TGB 

control lever that is marked with an ‘‘X’’ 

near the part number, or stripping and 

dye-penetrant inspecting the rework 

area for a crack and either requires 

reworking and marking the TGB control 

lever if there is no crack or removing 

and replacing the cracked TGB control 

lever if there is a crack. AD 2010–11– 

51 was prompted by Emergency AD No. 

2010–0082–E, dated April 27, 2010, and 

corrected April 28, 2010 (AD No. 2010– 

0082–E), issued by the European 

Aviation Safety Agency (EASA), which 

is the Technical Agent for Member 

States of the European Union. The 

actions in AD 2010–11–51 are intended 

to prevent failure of the TGB control 

lever, loss of tail rotor control, and 

subsequent loss of control of the 

helicopter. 

Actions Since Existing AD Was Issued 

Since we issued AD 2010–11–51 (75 

FR 50874, August 18, 2010), we have 

received reports of cracking in a TGB 

control lever on the area opposite the 

area required to be inspected. EASA has 

issued EASA Emergency AD No. 2011– 

0038–E, dated March 4, 2011 (AD No. 

2011–0038–E), and superseding EASA 

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36130 Federal Register / Vol. 78, No. 116 / Monday, June 17, 2013 / Proposed Rules 

Emergency AD No. 2010–0082–E, to 

correct an unsafe condition for the 

specified Eurocopter model. EASA 

advises that since issuing EASA 

Emergency AD No. 2010–0082–E, 

Eurocopter found cracks on the area 

opposite the area required to be 

inspected on the affected control levers. 

EASA Emergency AD No. 2011–0038–E 

retains the requirements of EASA 

Emergency AD No. 2010–082–E and 

adds repetitive inspections for the area 

opposite the control levers. 

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 its 

AD. We are proposing this AD because 

we evaluated all known relevant 

information and determined that an 

unsafe condition is likely to exist or 

develop on other helicopters of these 

same type designs. 

Related Service Information 

Eurocopter has issued one Eurocopter 

Emergency Alert Service Bulletin 

(EASB), Revision 2, dated February 28, 

2011, with four different numbers. 

EASB No. 05.00.62 is for Model AS350 

helicopters; EASB No. 05.00.57 is for 

Model AS355 helicopters; EASB No. 

05.00.38 is for military Model AS550 

helicopters; and EASB No. 05.00.35 is 

for military Model AS555 helicopters. 

The military models are not typecertificated in the United States. The 

EASB specifies visually inspecting the 

TGB control lever for a crack at the last 

flight of each day, without exceeding 10 

flying hours between inspections. The 

EASB also describes a rework procedure 

for affected TGB control levers, which 

must be done within 660 flying hours 

and no later than June 30, 2011. 

Completion of the rework procedure is 

indicated by marking the control lever 

with a letter ‘‘X.’’ EASA classified this 

EASB as mandatory and issued AD No. 

2011–0038–E to ensure the continued 

airworthiness of these helicopters. 

Proposed AD Requirements 

This proposed AD would retain the 

requirements in AD 2010–11–51 (75 FR 

50874, August 18, 2010) to perform 

repetitive visual inspections in a certain 

area on each TGB control lever not 

marked with an ‘‘X’’ and would require 

replacing a cracked part with a part not 

listed in the applicability paragraph of 

the AD. This proposed AD would also 

require inspecting another area of each 

TGB control lever at additional 

inspection intervals. Also, this proposed 

AD would require, within a specified 

time, replacing each TGB control lever 

with a reworked TGB control lever 

marked with an ‘‘X’’ near the P/N or 

with a TGB control lever with a P/N not 

listed in the applicability of the AD. 

Differences Between This Proposed AD 

and the EASA AD 

This AD differs from EASA 

Emergency AD No. 2011–0038–E as 

follows: 

• We include the Eurocopter Model 

AS350C and AS350D1 helicopters that 

may contain the affected TGB control 

lever. We do not include the Eurocopter 

Model AS350BB helicopter because it is 

not type-certificated in the United 

States. 

• We do not require an ‘‘after last 

flight’’of the day inspection. 

• We do not allow a pilot to inspect 

for a crack. 

• We do not require reworking 

noninstalled control levers. 

• We do not include a calendar 

compliance time for reworking the TGB 

control lever if there is not a crack. 

• We do not require you to contact 

Eurocopter if a crack is found during 

any inspection. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 791 helicopters of U.S. 

registry. We estimate that operators may 

incur the following costs in order to 

comply with this proposed AD: The 

initial and repetitive inspections for a 

crack in the TGB control lever would 

take a minimal amount of time. If 

necessary, replacing a control lever 

would take about 3 work hours at an 

average labor rate of $85 per work hour. 

The required parts would cost about 

$2,103 per helicopter. Based on these 

figures, we estimate the total cost of the 

proposed AD on U.S. operators would 

be $2,358 per helicopter to replace the 

control lever. 

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. 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing airworthiness directive (AD) 

2010–11–51, Amendment 39–16396 (75 

FR 50874, August 18, 2010), and adding 

the following new AD: 

Eurocopter France: Docket No. FAA–2013– 

0477; Directorate Identifier 2011–SW– 

015–AD. 

(a) Applicability 

This AD applies to Model AS350B, BA, B1, 

B2, C, D, and D1 helicopters and Model 

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Federal Register / Vol. 78, No. 116 / Monday, June 17, 2013 / Proposed Rules 36131 

AS355E, F, F1, F2, and N helicopters, with 

a tail gearbox (TGB) control lever, part 

number (P/N) 350A33–1058–00, P/N 

350A33–1058–01, P/N 350A33–1058–02, or 

P/N 350A33–1058–03, both with and without 

an ‘‘X’’ marked near the P/N, installed, 

certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

crack in the TGB control lever. This 

condition could result in failure of the TGB 

control lever, loss of tail rotor control, and 

subsequent loss of control of the helicopter. 

(c) Affected ADs 

This AD supersedes AD 2010–11–51, 

Amendment 39–16396 (75 FR 50874, August 

18, 2010). 

(d) Comments Due Date 

We must receive comments by August 16, 

2013. 

(e) 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. 

(f) Required Actions 

(1) For helicopters with a lever not marked 

with an ‘‘X’’ near the P/N, within 10 hours 

time-in-service (TIS), and thereafter at 

intervals not to exceed 10 hours TIS, using 

a mirror and appropriate light source, 

visually inspect the TGB control lever for a 

crack as shown in area ‘‘A’’ of Figure 2 of 

Eurocopter Emergency Alert Service Bulletin 

(EASB), Revision 2, dated February 28, 2011, 

No. 05.00.62 for Model AS350 helicopters 

and No. 05.00.57 for Model AS355 

helicopters (EASB). If there is a crack, before 

further flight, replace each cracked TGB 

control lever with a TGB control lever with 

a P/N not listed in paragraph (a) of this AD. 

(2) For Model AS355N helicopters, within 

110 hours TIS, or if the helicopter has 

reached 100 or more hours TIS, within the 

next 10 hours TIS, and thereafter at intervals 

not to exceed 110 hours TIS, using a mirror 

and appropriate light source, inspect each 

TGB control lever for a crack as shown in 

area ‘‘C’’ of Figure 8 of the EASB. 

(3) Within 660 hours TIS, replace each 

TGB control lever with a reworked TGB 

control lever marked with an ‘‘X’’ near the P/ 

N or with a TGB control lever with a P/N not 

listed in paragraph (a) of this AD. 

(4) For all model helicopters except Model 

AS355N, within 660 hours TIS, or if the 

helicopter has reached 605 or more hours TIS 

within the next 55 hours TIS, and thereafter 

at intervals not to exceed 660 hours TIS, 

using a mirror and appropriate light source, 

inspect each TGB control lever for a crack as 

shown in area ‘‘C’’ of figure 8 of the EASB. 

(5) If there is a crack, before further flight, 

replace each cracked TGB control lever with 

a TGB control lever with a P/N not listed in 

paragraph (a) of this AD. 

(g) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Robert Grant, 

Aviation Safety Engineer, FAA, Rotorcraft 

Directorate, Safety Management Group, 2601 

Meacham Blvd., Fort Worth, TX 76137, 

telephone (817) 222–5110, email 

robert.grant@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. 

(h) Additional Information 

(1) Eurocopter Alert Service Bulletin No. 

05.00.62 and No. 05.00.57, Revision 2, dated 

February 28, 2011, are co-published as one 

document along with EASB No. 05.00.38 and 

EASB No. 05.00.35, which are not 

incorporated by reference in this AD. 

(2) For service information identified in 

this 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 service information 

at the FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham Blvd., 

Room 663, Fort Worth, Texas 76137. 

(3) The subject of this AD is addressed in 

European Aviation Safety Agency Emergency 

AD No. 2011–0038–E, dated March 4, 2011. 

(i) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6720 Tail Rotor Control System. 

Issued in Fort Worth, Texas, on May 28, 

2013. 

Kim Smith, 

Directorate Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–14279 Filed 6–14–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–1341; Airspace 

Docket No. 12–ASO–47] 

Proposed Establishment of Class E 

Airspace; Cleveland, TN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM), withdrawal. 

SUMMARY: A notice of proposed 

rulemaking published in the Federal 

Register of March 6, 2013, to establish 

Class E airspace at Cleveland Regional 

Jetport, Cleveland, TN, is being 

withdrawn. Upon review, the FAA 

found that, for clarity, combining this 

proposed rulemaking with another 

proposal to amend existing airspace is 

necessary. 

DATES: As of June 17, 2013, the 

proposed rule published March 6, 2013, 

at 78 FR 14475, is withdrawn. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

History 

On March 6, 2013, a NPRM was 

published in the Federal Register 

establishing Class E airspace at 

Cleveland, TN to accommodate new 

standard instrument approach 

procedures for Cleveland Regional 

Jetport (78 FR 14475). Subsequent to 

publication the FAA found that existing 

information for Bradley Memorial 

Hospital was omitted in the Cleveland, 

TN proposed rule. Also, there is another 

proposed rulemaking for Dayton, TN, 

with Bradley Memorial Hospital 

information. To avoid confusion this 

proposed rule is being withdrawn and 

will be combined with the Dayton, TN, 

proposed rulemaking. 

Lists of Subjects in 14 CFR Part 71: 

Airspace, Incorporation by reference, 

Navigation (air). 

The Withdrawal 

Accordingly, pursuant to the 

authority delegated to me, the Notice of 

Proposed Rulemaking, as published in 

the Federal Register on March 6, 2013 

(78 FR 14475) (FR Doc 2013–05210.), is 

hereby withdrawn. 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

Issued in College Park, Georgia, on May 28, 

2013. 

Barry A. Knight, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2013–13103 Filed 6–14–13; 8:45 am] 

BILLING CODE 4910–13–P 

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