5994 Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations 

Issued in Fort Worth, Texas, on December 

28, 2011. 

M. Monica Merritt, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–1118 Filed 2–6–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0086; Directorate 

Identifier 2011–SW–045–AD; Amendment 

39–16936; AD 2012–02–13] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France 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 

Eurocopter France EC130B4 helicopters 

that have not had Eurocopter 

Modification 073880 incorporated. This 

AD is prompted by several reports of 

cracks in the tailboom/Fenestron 

junction frame, which could result in 

structural failure of the tail boom, 

resulting in detachment of the Fenestron 

(tail rotor) and subsequent loss of 

control of the helicopter. We are issuing 

this AD to correct the unsafe condition 

on these helicopters. 

DATES: This AD becomes effective 

February 22, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain documents listed in this AD 

as of February 22, 2012. 

We must receive comments on this 

AD by April 9, 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) 647–5227) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

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 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, 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 public contact with 

FAA personnel concerning this 

rulemaking during the comment period. 

We will consider all the comments we 

receive and may conduct additional 

rulemaking based on those comments. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD No. 2011– 

0116, dated July 6, 2011 (AD 2011– 

0116) to correct an unsafe condition for 

Eurocopter EC 130 B4 helicopters. 

EASA advises of several reports of 

cracks in the tailboom/Fenestron 

junction frame. Prompted by these 

reports, Eurocopter published 

Information Notice No. 2167–I–53 

(2167–I–53). Since publication of 2167– 

I–53, new cases of cracks in the 

tailboom/Fenestron junction frame have 

been reported. Examination of the parts 

revealed the cracks were longer than the 

previously reported cracks and started 

to develop in the plane of the rivet head 

countersink on the right hand (RH) side 

of the Fenestron and spread to the web 

of the frame. This condition, if not 

corrected, could lead to structural 

failure, which could result in Fenestron 

detachment and consequent loss of 

control of the helicopter. AD 2011–0116 

requires repetitive inspections of the 

affected area and depending on 

findings, accomplishing corrective 

actions. 

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, 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 is likely to exist or 

develop on other helicopters of these 

same type designs. 

Related Service Information 

We reviewed Eurocopter Emergency 

Alert Service Bulletin 53A019, dated 

June 14, 2011 (EASB). The EASB 

describes procedures for inspecting the 

RH side of the tailboom/Fenestron 

junction frame from the inside and 

outside for cracks. If a crack is present, 

the EASB requires contacting 

Eurocopter for approved repair 

instructions. 

AD Requirements 

This AD requires compliance with 

specified portions of the manufacturer’s 

service bulletin, except as discussed 

under ‘‘Differences Between this AD 

and the EASA AD.’’ 

Differences Between This AD and the 

EASA AD 

The EASA AD allows for flights for a 

certain period of time with known 

cracks. Except for limited ferry flights, 

this AD does not permit operations with 

known cracks. The EASA AD allows for 

an initial inspection which does not 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations 5995 

require stripping the paint, and then 

stripping the paint prior to inspection 

within 110 flight hours. This AD 

mandates stripping the paint as part of 

the initial inspection. 

Costs of Compliance 

We estimate that this AD will affect 

109 helicopters of U.S. Registry. 

We estimate that operators may incur 

the following costs in order to comply 

with this AD. To inspect the tailboom/ 

Fenestron junction frame for a crack 

will require 1 work-hour at an average 

labor cost of $85 per hour, for a total 

cost per inspection cycle of $85 per 

helicopter and $9,265 for the entire 

fleet. To replace a tailboom with an 

airworthy tailboom will require 50 

work-hours and a parts cost of $60,000, 

for a total cost per helicopter of $64,250. 

FAA’s Justification and Determination 

of the Effective Date 

These helicopters are used primarily 

by air tour and helicopter Emergency 

medical services. Helicopters used in 

these industries average in excess of 100 

hours TIS per month. The cracks are in 

a primary structure of the helicopter 

that may prevent further safe flight. 

Therefore, we find that the risk to the 

flying public justifies waiving notice 

and comment prior to the adoption of 

this rule because the required corrective 

actions must be accomplished within 10 

hours TIS, a very short time period 

based on the average flight-hour 

utilization rate of these helicopters. 

Since an unsafe condition exists that 

requires the immediate adoption of this 

AD, we 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 less than 30 

days. 

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 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, 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 AD: 

2012–02–13 Eurocopter France: 

Amendment 39–16936; Docket No. 

FAA–2012–0086; Directorate Identifier 

2011–SW–045–AD. 

(a) Applicability. This AD applies to Model 

EC130B4 helicopters that do not have 

Eurocopter Modification (MOD) 073880 

incorporated, all serial numbers, certificated 

in any category. 

(b) Unsafe Condition. This AD defines the 

unsafe condition as cracks on the tailboom/ 

Fenestron junction frame. This condition 

could result in structural failure of the 

tailboom, detachment of the Fenestron, and 

subsequent loss of control of the helicopter. 

(c) Effective Date. This airworthiness 

directive (AD) becomes effective February 22, 

2012. 

(d) Compliance. You are responsible for 

performing each action required by this AD 

within the specified compliance time unless 

accomplished previously. 

(e) Corrective Actions. 

(1) Within 10 hours time-in-service (TIS): 

(i) Inspect the right hand side of the 

tailboom/Fenestron junction frame for cracks 

in the web from the inside as depicted in 

Details C and D of Figure 2 of Eurocopter 

Emergency Alert Service Bulletin 53A019, 

dated June 14, 2011 (EASB). 

(ii) Strip the paint on the areas of the right 

hand side of the tailboom/Fenestron junction 

frame depicted in Detail E of Figure 3 of the 

EASB. Apply a coat of primer to the stripped 

area. Apply varnish to the stripped area. 

(iii) Inspect the stripped area of the frame 

for cracks from the outside. 

(2) Thereafter at intervals not to exceed 50 

hours TIS, inspect the frame by following the 

inspection requirements of paragraphs (1)(i) 

and (1)(iii) of this AD. 

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

replace the tailboom with an airworthy 

tailboom that incorporates Eurocopter MOD 

073880. 

(4) After the effective date of this AD, do 

not install a tailboom that does not 

incorporate Eurocopter MOD 073880 on any 

helicopter. 

(f) Special flight permits. Special flight 

permits may be issued for up to 2 hours TIS 

to ferry the helicopter to a repair facility if 

the crack does not extend into the web of the 

tailboom/Fenestron junction frame. 

(g) Alternative Methods of Compliance 

(AMOCs). 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Jim Grigg, 

Manager, FAA, Rotorcraft Directorate, Safety 

Management Group, 2601 Meacham Blvd., 

Fort Worth, TX 76137, telephone (817) 222– 

5126, email: jim.grigg@faa.gov. 

(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. 

(h) Subject. Joint Aircraft System 

Component (JASC) Code: 5302: Rotorcraft 

Tail Boom. 

(i) Additional Information. The subject of 

this AD is addressed in European Aviation 

Safety Agency (France) AD No. 2011–0116, 

dated July 6, 2011. 

(j) Material Incorporated by Reference. You 

must use the specified portions of Eurocopter 

Emergency Alert Service Bulletin 53A019, 

dated June 14, 2011, to do the specified 

actions required by this AD. 

(1) 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. 

(2) For service information identified in 

this AD, contact American Eurocopter 

Corporation, 2701 N. Forum Drive, Grand 

Prairie, TX 75052, telephone (972) 641–0000 


srobinson on DSK4SPTVN1PROD with RULES
5996 Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations 

or (800) 232–0323, fax (972) 641–3775, or at 

http://www.eurocopter.com/techpub. 

(3) 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 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/code_of_federal_regulations/

ibr_locations.html. 

Issued in Fort Worth, Texas, on January 23, 

2012. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–2418 Filed 2–6–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1171; Directorate 

Identifier 2011–NM–101–AD; Amendment 

39–16932; AD 2012–02–09] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

The Boeing Company Model 737–100, 

–200, –200C, and –300 series airplanes. 

This AD was prompted by a report from 

the airplane manufacturer that airplanes 

were assembled with air distribution 

ducts in the environmental control 

system (ECS) wrapped with Boeing 

Material Specification (BMS) 8–39 or 

Aeronautical Materials Specifications 

(AMS) 3570 polyurethane foam 

insulation, a material with fire-retardant 

properties that deteriorate with age. 

This AD requires reworking certain air 

distribution ducts in the ECS. We are 

issuing this AD to prevent ignition of 

the BMS 8–39 or AMS 3570 

polyurethane foam insulation on the 

duct assemblies of the ECS due to a 

potential electrical arc, which could 

start a small fire and lead to a larger fire 

that may spread throughout the airplane 

through the ECS. 

DATES: This AD is effective March 13, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of March 13, 2012. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P. O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone (206) 544–5000, 

extension 1; fax (206) 766–5680; email 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call (425) 227– 

1221. 

Examining the AD Docket 

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: 

Kimberly A. DeVoe, Aerospace 

Engineer, Cabin Safety and 

Environmental Systems Branch, ANM– 

150S, FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue SW., Renton, 

Washington 98057–3356; phone: (425) 

917–6495; fax: (425) 917–6590; email: 

Kimberly.Devoe@faa.gov. 

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 specified products. That 

NPRM published in the Federal 

Register on November 7, 2011 (76 FR 

68666). That NPRM proposed to require 

reworking certain air distribution ducts 

in the ECS. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

have considered the comments received. 

Boeing supports the NPRM (76 FR 

68666, November 7, 2011). 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed—except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (76 FR 

68666, November 7, 2011) for correcting 

the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (76 FR 68666, 

November 7, 2011). 

Costs of Compliance 

We estimate that this AD affects 292 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Duct assembly rework/part marking ................... 250 work-hours × $85 per hour = $21,250 ........ $3,545 $24,795 $7,240,140 

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 


srobinson on DSK4SPTVN1PROD with RULES