Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Rules and Regulations 24041 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1297; Directorate 

Identifier 2012–SW–100–AD; Amendment 

39–17285; AD 2012–25–04] 

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 superseding an 

existing emergency airworthiness 

directive (EAD) for Eurocopter France 

(Eurocopter) Model AS350B3 

helicopters with certain part-numbered 

laminated half-bearings (bearings) and 

tail rotor (T/R) blades installed. The 

existing EAD currently requires 

installing two placards and revising the 

Rotorcraft Flight Manual (RFM). The 

EAD also requires certain checks and 

inspecting and replacing, if necessary, 

all four bearings. Finally, the EAD 

requires a one-time removal and 

inspection of the bearings, and replacing 

the bearings if necessary. Since we 

issued that EAD, we have determined 

that newly-designed helicopters with 

other part-numbered T/R blades may be 

affected by this unsafe condition and 

that the requirements should allow the 

bearing removal and inspection to be 

performed before the last flight of the 

day. This superseding AD removes the 

bearing and T/R blade part numbers 

(P/N) from the applicability paragraph 

and clarifies when the bearing removal 

and inspection is required. The actions 

are intended to prevent vibration due to 

a failed bearing, failure of the T/R, and 

subsequent loss of control of the 

helicopter. 

DATES: This AD becomes effective May 

9, 2013. 

We must receive comments on this 

AD by June 24, 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 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 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 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: 

Robert Grant, Aviation Safety Engineer, 

Safety Management Group, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; email 

robert.grant@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 Emergency AD 

No. 2012–0207–E, dated October 5, 2012 

(EAD 2012–0207–E), to correct an 

unsafe condition for Eurocopter Model 

AS 350 B3 helicopters modified by 

Modification (MOD) 07 5601. MOD 07 

5601 is an integral part of a specific 

Model AS350B3 configuration, 

commercially identified as ‘‘AS350B3e’’ 

and is not fitted on Model AS350B3 

helicopters of other configurations. 

EASA advises that premature failures of 

bearings, P/N 704A33–633–261, 

installed in combination with T/R 

blades P/N 355A12.0055.00 or 

355A12.0055.01, have recently been 

detected on AS 350 B3 helicopters in 

‘‘AS350B3e’’ configuration. Three cases 

of vibrations originating from the T/R, 

caused by failure of the bearings, were 

reported, which were detected in flight. 

Subsequently, an accident occurred in 

which the pilot felt strong vibrations 

from the T/R before losing control of the 

helicopter. An investigation revealed 

that prior to the accident, the bearings 

had been replaced twice on the 

helicopter due to deterioration. EASA 

EAD 2012–0207–E requires installing 

placards and changing the RFM to limit 

the flight envelope by reducing the 

Velocity Never Exceed (VNE) true 

airspeed (TAS) limitation to reduce the 

dynamic loads on the T/R, a one-time 

pre-flight inspection and repetitive postflight inspections of the bearings to 

detect damage, a one-time ‘‘After Last 

Flight of the day’’ (ALF) inspection 

(including T/R disassembly), and 

replacing all bearings if any bearing is 

damaged. 

On October 17, 2012, we issued EAD 

No. 2012–21–51 for Eurocopter Model 

AS350B3 helicopters with MOD 07 

5601, with bearing P/N 704A33–633– 

261 in combination with tail rotor blade 

P/N 355A12.0055.00 or 

355A12.0055.01, installed. We sent that 

EAD to all known U.S. owners and 

operators of these helicopters. That EAD 

requires, before further flight, installing 

two placards on the instrument panel 

and revising the RFM to reduce the VNE

indicated airspeed (IAS) limitation. It 

also requires, before further flight and 

thereafter after each flight, visually 

checking all visible faces of the bearings 

for separation, a crack, or an extrusion, 

and replacing the four bearings if there 

is an extrusion or if there is a separation 

or a crack on the pressure side bearing 

greater than 5 millimeters (.196 inches). 

Lastly, the EAD requires, after the last 

flight of the day, performing a one-time 


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inspection of the bearings for a 

separation, a crack, or an extrusion, and 

replacing the four bearings if there is a 

separation, crack, or extrusion. Our EAD 

differed from EASA EAD 2012–0207–E 

in that the EASA EAD placard limited 

TAS, while the placard in our EAD 

limited IAS. 

Actions Since Existing EAD Was Issued 

Since we issued EAD 2012–21–51, 

EASA issued EAD No. 2012–0217–E, 

dated October 19, 2012 (EAD 2012– 

0217–E), which superseded EASA EAD 

2012–0207–E. EAD 2012–0217–E retains 

some of the requirements of EAD 2012– 

207–E, changes the airspeed limitation 

from TAS to IAS, and requires inserting 

a temporary engine health check 

procedure into the RFM. We are not 

issuing this superseding AD to adopt the 

revised EASA requirements, because the 

airspeed limitations in EAD 2012–21–51 

currently use IAS, and the revised 

engine health check procedure does not 

correct the unsafe condition. 

In addition, we have been informed 

by EASA that newly-designed T/R 

blades with a P/N not listed in EAD 

2012–21–51 have been developed and 

may be installed on these model 

helicopters, but will also be affected by 

the unsafe condition. Additionally, the 

compliance interval for the bearing 

removal and inspection required in EAD 

2012–21–51 did not allow an operator to 

perform the inspection prior to the last 

flight of the day, if desired, and would 

have required the bearing removal and 

inspection after the last flight of the day 

following any bearing replacement, 

which was not intended when we 

issued the EAD. Therefore, we are 

issuing this AD to remove the laminated 

half-bearing and T/R blade P/Ns from 

the applicability and revise the language 

of the removal and inspection paragraph 

to clarify when that inspection is 

required. 

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 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 helicopters of 

the same type design. 

Related Service Information 

We reviewed Eurocopter Emergency 

Alert Service Bulletin (EASB) with two 

numbers, No. 01.00.65 for the Model 

AS350B3 helicopters and No. 01.00.24 

for the non-FAA type certificated Model 

AS550C3 helicopters, both Revision 0, 

and both dated October 4, 2012. The 

EASB specifies installing two placards 

on the instrument panel and revising 

the RFM to limit airspeed to both 100 

knots IAS and TAS, on-aircraft checking 

of the bearings after each flight, and 

performing a one-time removal and 

inspection of the bearings. The EASB 

also defines an RFM procedure in case 

of in-flight vibrations originating in the 

tail rotor. Revision 1 of the EASB, dated 

October 18, 2012, which Eurocopter 

issued after we issued EAD 2012–21–51, 

introduced a new procedure for the 

periodic ‘‘Engine Health Check’’ 

procedure, and specified to remove the 

placard and RFM changes with the VNE

TAS limitation. Revision 2 of the EASB, 

dated November 2, 2012, accounted for 

newly designed T/R blades by removing 

specific part-numbered T/R blades from 

the Effectivity section of the EASB. 

AD Requirements 

This AD retains the requirements of 

EAD 2012–21–51, expands the 

applicability by removing the halfbearing and the T/R blade P/Ns from the 

applicability paragraph, clarifies that 

the removal and inspection of the 

bearings is not a daily inspection, and 

clarifies that the inspection of the 

bearings may be performed prior to the 

last flight of the day (not after the last 

flight of the day). 

Differences Between This AD and the 

EASA AD 

The EASA AD requires removing the 

placard and RFM changes with the TAS 

limitation and replacing it with an IAS 

limitation. Since the FAA EAD did not 

include the TAS limitation, this AD 

does not need to require removing it. 

This AD does not require inserting the 

temporary engine health check 

procedure in the RFM. 

Interim Action 

We consider this AD interim action. 

The design approval holder is currently 

developing a modification that will 

address the unsafe condition specified 

in this AD. Once this modification is 

developed, approved, and available, we 

might consider additional rulemaking. 

Costs of Compliance 

We estimate that this AD will affect 

18 helicopters of U.S. Registry. 

We estimate that operators may incur 

the following costs in order to comply 

with this AD. Installing a placard and 

revising the RFM will require about .5 

work-hour, at an average labor rate of 

$85 per hour, for a cost per helicopter 

of $43 and a total cost to U.S. operators 

of $774. Disassembling and inspecting 

the bearings will require about 6 workhours, at an average labor rate of $85 per 

hour, for a cost per helicopter of $510 

and a total cost to U.S. operators of 

$9,180. 

If necessary, replacing the bearings 

installed on the aircraft will require 

about 6 work-hours, at an average labor 

rate of $85, and required parts will cost 

$2,415, for a cost per helicopter of 

$2,925. 

FAA’s Justification and Determination 

of the Effective Date 

The short compliance time involved 

is required because the previously 

described unsafe condition can 

adversely affect both the structural 

integrity and controllability of the 

helicopter. Therefore, because several of 

the corrective actions are required 

before further flight, this AD must be 

issued immediately. 

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. 


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Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Rules and Regulations 24043 

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 airworthiness 

directive (AD): 

2012–25–04 Eurocopter France: 

Amendment 39–17285; Docket No. 

FAA–2012–1297; Directorate Identifier 

2012–SW–100–AD. 

(a) Applicability 

This AD applies to Eurocopter France 

(Eurocopter) Model AS350B3 helicopters 

with Modification (MOD) 07 5601 installed, 

certificated in any category. 

Note 1 to paragraph (a): MOD 07 5601 is 

an integral part of a specific Model AS350B3 

configuration, commercially identified as 

‘‘AS350B3e’’ and is not fitted on Model 

AS350B3 helicopters of other configurations. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

severe vibrations due to failure of laminated 

half-bearings (bearings). This condition could 

result in failure of the tail rotor and 

subsequent loss of control of the helicopter. 

(c) Affected ADs 

This AD supersedes Emergency AD No. 

2012–21–51, Directorate Identifier 2012–SW– 

095–AD, dated October 17, 2012. 

(d) Effective Date 

This AD becomes effective May 9, 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) Before further flight: 

(i) Install a velocity never exceed (VNE) 

placard that reads as follows on the 

instrument panel in full view of the pilot and 

co-pilot with 6-millimeter red letters on a 

white background: 

VNE LIMITED TO 100 KTS IAS. 

(ii) Replace the IAS limit versus the flight 

altitude placard located inside the cabin on 

the center post with the placard as depicted 

in Table 1 to paragraph (f) of this AD: 

TABLE 1 TO PARAGRAPH (F) 

VNE POWER ON 

Hp (ft) IAS (kts) 

0 ................................................ 100 

2000 .......................................... 97 

4000 .......................................... 94 

6000 .......................................... 91 

8000 .......................................... 88 

10000 ........................................ 85 

12000 ........................................ 82 

14000 ........................................ 79 

16000 ........................................ 76 

18000 ........................................ 73 

20000 ........................................ 70 

22000 ........................................ 67 

Valid for VNE 

POWER OFF 

(2) Before further flight, revise the 

Rotorcraft Flight Manual (RFM) by inserting 

a copy of this AD into the RFM or by making 

pen and ink changes as follows: 

(i) Revise paragraph 2.3 of the RFM by 

inserting the following: 

VNE limited to 100 kts IAS. 

(ii) Revise paragraph 2.6 of the RFM by 

inserting Table 2 to Paragraph (f) of this AD. 

TABLE 2 TO PARAGRAPH (F) 

VNE POWER ON 

Hp (ft) IAS (kts) 

0 ................................................ 100 

2000 .......................................... 97 

4000 .......................................... 94 

6000 .......................................... 91 

8000 .......................................... 88 

10000 ........................................ 85 

12000 ........................................ 82 

14000 ........................................ 79 

16000 ........................................ 76 

18000 ........................................ 73 

20000 ........................................ 70 

22000 ........................................ 67 

Valid for VNE 

POWER OFF 

(iii) Add the following as paragraph 3.3.3 

to the RFM: 

3.3.3 IN-FLIGHT VIBRATIONS FELT IN THE 

PEDALS 

Symptom: 

IN-FLIGHT VIBRATIONS FELT IN THE 

PEDALS 

1. CHECK PEDAL EFFECTIVENESS 

2. SMOOTHLY REDUCE THE SPEED TO 

VY 

3. AVOID SIDESLIP AS MUCH AS 

POSSIBLE 

LAND AS SOON AS POSSIBLE 

(3) Before further flight, and thereafter after 

each flight, without exceeding 3 hours timein-service between two checks, visually 

check each bearing as follows: 

(i) Position both tail rotor blades 

horizontally. 

(ii) Apply load (F) by hand, perpendicular 

to the pressure face of one tail rotor blade (a), 

as shown in Figure 1 to paragraph (f) of this 

AD, taking care not to reach the extreme 

position against the tail rotor hub. The load 

will deflect the tail rotor blade towards the 

tail boom. 

(iii) While maintaining the load, check all 

the visible faces of the bearings (front and 

side faces) in area B of DETAIL A of Figure 

1 to paragraph (f) of this AD for separation 

between the elastomer and metal parts, a 

crack in the elastomer, or an extrusion (see 

example in Figure 2 to paragraph (f) of this 

AD). A flashlight may be used to enhance the 

check. 

BILLING CODE 4910–13–P 


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iii 

DETAIL A 

Figure 1 to paragraph (f) 
Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Rules and Regulations 24045 

(iv) Repeat paragraphs (f)(3)(i) through 

(f)(3)(iii) on the other tail rotor blade. 

(v) Apply load (G) by hand perpendicular 

to the suction face of one tail rotor blade as 

shown in Figure 3 to paragraph (f) of this AD. 

The load will deflect the tail rotor blade away 

from the tail boom. 


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(vi) While maintaining the load, check 

visible faces of Area C as shown in Figure 3 

to paragraph (f) of this AD for any extrusion. 

A flashlight may be used to enhance the 

check. 

(vii) Repeat paragraphs (f)(3)(v) and 

(f)(3)(vi) on the other tail rotor blade. 

(4) The actions required by paragraphs 

(f)(3)(i) through (f)(3)(vii) of this AD may be 

performed by the owner/operator (pilot) 

holding at least a private pilot certificate, and 

must be entered into the aircraft records 

showing compliance with this AD in 

accordance with 14 CFR 43.9 (a)(1)–(4) and 

14 CFR 91.417(a)(2)(v). The record must be 

maintained as required by 14 CFR 91.173, 

121.380, or 135.439. 

(5) If there is an extrusion on any bearing, 

before further flight, replace the four bearings 

with airworthy bearings. 

(6) If there is a separation or a crack on the 

pressure side bearing, measure the separation 

or the crack. If the separation or crack is 

greater than 5 millimeters (.196 inches) as 

indicated by dimension ‘‘L’’ in Figure 4 to 

paragraph (f), before further flight, replace 

the four bearings with airworthy bearings. 


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Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Rules and Regulations 24047 

(7) No later than after the last flight of the 

day, perform a one-time inspection by 

removing the bearings and inspecting for a 

separation, a crack, or an extrusion. This 

inspection is not a daily inspection. If there 

is a separation, crack, or extrusion, before 

further flight, replace the four bearings with 

airworthy bearings. 

(g) Special Flight Permits 

Special flight permits are prohibited by 

this AD. 

(h) 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, Safety Management 

Group, FAA, 2601 Meacham Blvd., Fort 

Worth, Texas 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. 

(3) AMOCs approved previously in 

accordance with Emergency Airworthiness 

Directive No. 2012–21–51, dated October 17, 

2012, are approved as AMOCs for the 

corresponding requirements in paragraph 

(f)(7) of this AD. 

(i) Additional Information 

(1) Eurocopter Emergency Alert Service 

Bulletin (EASB) No. 01.00.65, Revision 2, 

dated November 2, 2012, which is not 

incorporated by reference, contains 

additional information about the subject of 

this AD. 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. 

(2) The subject of this AD is addressed in 

European Aviation Safety Agency Emergency 

AD No. 2012–0217–E, dated October 19, 

2012. 

(j) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6400: Tail Rotor. 

Issued in Fort Worth, Texas, on April 11, 

2013. 

Lance T. Gant, 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–09420 Filed 4–23–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 214 

[CIS No. 2536–13] 

RIN 1615–AC02 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

RIN 1205–AB69 

Wage Methodology for the Temporary 

Non-Agricultural Employment H–2B 

Program, Part 2 

AGENCY: Employment and Training 

Administration, Labor; U.S. Citizenship 

and Immigration Services, DHS. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: The Department of Homeland 

Security (DHS) and the Department of 

Labor (DOL) (jointly referred to as the 

Departments) are amending regulations 

governing certification for the 

employment of nonimmigrant workers 

in temporary or seasonal nonagricultural employment. This interim 

final rule revises how DOL provides the 

consultation that DHS has determined is 

necessary to adjudicate H–2B petitions 

by revising the methodology by which 


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