60302 Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Rules and Regulations 

(j) No assignment. The right to 

consent under 12 U.S.C. 1821(e)(13)(C) 

or 12 U.S.C. 1825(b)(2), may not be 

assigned or transferred to any purchaser 

of property from the FDIC, other than to 

a conservator or bridge bank. 

(k) Repeal. This section may be 

repealed by the FDIC upon 30 days 

notice provided in the Federal Register, 

but any repeal shall not apply to any 

issuance made in accordance with this 

section before such repeal. 

By order of the Board of Directors. 

Dated at Washington, DC, this 27th day of 

September 2010. 

Robert E. Feldman, 

Executive Secretary, Federal Deposit 

Insurance Corporation. 

[FR Doc. 2010–24595 Filed 9–28–10; 4:15 pm] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0907; Directorate 

Identifier 2010–SW–044–AD; Amendment 

39–16436; AD 2010–20–02] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France (Eurocopter) Model AS332C, L, 

L1, and L2 Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This amendment adopts a 

new airworthiness directive (AD) for the 

specified Eurocopter model helicopters. 

This action requires replacing each 

affected hydraulic pump with an 

airworthy hydraulic pump. This 

amendment is prompted by the loss of 

the proper functioning of a hydraulic 

pump because of the deterioration of the 

pump seals and the loss of hydraulic 

fluid caused by incorrect positioning of 

the piston liner. The actions specified in 

this AD are intended to prevent loss of 

hydraulic power and subsequent loss of 

control of the helicopter. 

DATES: Effective October 15, 2010. 

Comments for inclusion in the Rules 

Docket must be received on or before 

November 29, 2010. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• 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 (800) 232–0323, fax (972) 

641–3710, or at http:// 

www.eurocopter.com. 

Examining the Docket: You may 

examine the docket that contains the 

AD, any comments, and other 

information 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 Docket 

Operations office (telephone (800) 647– 

5527) is located in Room W12–140 on 

the ground floor of the West Building at 

the street address stated in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: Ed 

Cuevas, Aviation Safety Engineer, FAA, 

Rotorcraft Directorate, Safety 

Management Group, 2601 Meacham 

Blvd., Fort Worth, Texas 76137, 

telephone (817) 222–5355, fax (817) 

222–5961. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Emergency AD No. 2010–0043R1–E, 

dated March 26, 2010, to correct an 

unsafe condition for the specified 

Eurocopter model helicopters. EASA 

advises of the loss of the right-hand 

(RH) hydraulic power system on an 

AS332L2 helicopter. The pilot saw the 

hydraulic system ‘‘low level’’ warning 

light come on during the approach 

phase. Investigation revealed a 

hydraulic fluid leak from the hydraulic 

pump casing due to deterioration of the 

pump seals resulting from an incorrectly 

positioned compensating piston liner. 

EASA states that this non-compliant 

repair process was used by the 

following repair stations: HELIKOPTER 

SERVICE, ASTEC HELICOPTER 

SERVICE, and HELI-ONE. They further 

state that if this condition occurs on 

both pumps of a helicopter, it could 

result in loss of the RH and left-hand 

(LH) hydraulic power systems and 

consequently may lead to the loss of 

helicopter controllability. 

Related Service Information 

Eurocopter has issued an Emergency 

Alert Service Bulletin (EASB) with two 

numbers (01.00.78 and 01.00.43), dated 

March 11, 2010. EASB No. 01.00.78 

applies to United States typecertificated Model AS332C, L, L1, and 

L2 helicopters; civil Model AS332C1 

not type-certificated in the United 

States; and military Model AS332B, B1, 

M, M1, and F1 helicopters that are not 

type-certificated in the United States. 

EASB No. 01.00.43 applies to military 

Model AS532A2, U2, UC, AC, UL, AL, 

SC, and UE helicopters that are not 

type-certificated in the United States. 

The EASB specifies identifying affected 

hydraulic pumps, prohibiting flights for 

all helicopters fitted with two of the 

affected hydraulic pumps until at least 

one of the affected pumps is replaced, 

replacing all affected hydraulic pumps 

with airworthy pumps within 10 

months, and returning any affected 

hydraulic pump to have it checked and, 

where necessary, reconditioned. 

EASA classified this EASB as 

mandatory and issued EASA Emergency 

AD No. 2010–0043R1–E, dated March 

26, 2010, to ensure the continued 

airworthiness of these helicopters. 

FAA’s Evaluation and Unsafe Condition 

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 exists and is likely to 

exist or develop on other helicopters of 

these same type designs. 

Differences Between This AD and the 

EASA AD 

We refer to flight hours as hours timein-service (TIS). We require each 

affected hydraulic pump be replaced 

with an airworthy pump within 15 

hours TIS. We do not use the calendar 

date used in the EASA AD because that 

date has already passed. 

FAA’s Determination and Requirements 

of This AD 

This unsafe condition is likely to exist 

or develop on other helicopters of the 

same type design. Therefore, this AD is 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Rules and Regulations 60303 

being issued to prevent loss of the 

hydraulic power system and subsequent 

loss of control of the helicopter. This 

AD requires, within 15 hours TIS, 

replacing each affected hydraulic pump 

with an airworthy hydraulic pump or, if 

the replacement hydraulic pump is one 

to which this AD applies, the hydraulic 

pump must have been overhauled or 

repaired after February 1, 2010. 

The short compliance time involved 

is required because the previously 

described critical unsafe condition can 

adversely affect the controllability of the 

helicopter. Therefore, replacing each 

affected hydraulic pump with an 

airworthy hydraulic pump is required 

within 15 hours TIS, a very short 

compliance time, and this AD must be 

issued immediately. 

Since a situation exists that requires 

the immediate adoption of this 

regulation, it is found that notice and 

opportunity for prior public comment 

hereon are impracticable, and that good 

cause exists for making this amendment 

effective in less than 30 days. 

Costs of Compliance 

We estimate that this AD will affect 

about 6 helicopters of U. S. registry. We 

also estimate that it will take about 1⁄2

work-hour to review maintenance 

records for the presence of an affected 

hydraulic pump and 2 work-hours to 

change out a hydraulic pump. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $40,448 

to replace a hydraulic pump. Based on 

these figures, we estimate the cost of 

this AD on U.S. operators is $122,109, 

assuming 3 hydraulic pumps are 

replaced. 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

written data, views, or arguments 

regarding this AD. Send your comments 

to an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2010–0907; 

Directorate Identifier 2010–SW–044– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the AD. We will consider all comments 

received by the closing date and may 

amend the AD in light 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 with FAA 

personnel concerning this AD. Using the 

search function of the docket Web site, 

you can find and read the comments to 

any of our dockets, including the name 

of the individual who sent the 

comment. You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

Regulatory Findings 

We have 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 above, I 

certify that the 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); and 

3. 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. See the AD docket to examine 

the economic evaluation. 

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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends part 39 of the Federal Aviation 

Regulations (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. Section 39.13 is amended by adding 

a new airworthiness directive to read as 

follows: 

2010–20–02 EUROCOPTER FRANCE: 

Amendment 39–16436; Docket No. 

FAA–2010–0907; Directorate Identifier 

2010–SW–044–AD. 

Applicability: Model AS332C, L, L1, and 

L2 helicopters, certificated in any category, 

with a MESSIER–BUGATTI hydraulic pump, 

part number C24160045, C24160045–1, 

C24160045–100, C24160046, C24160046–1, 

or C24160046–100, installed, which was 

overhauled or repaired by HELIKOPTER 

SERVICE, ASTEC HELICOPTER SERVICE, or 

HELI-ONE on or before February 1, 2010. 

Compliance: Within 15 hours time-inservice, unless accomplished previously. 

To prevent loss of the hydraulic power 

system and subsequent loss of control of the 

helicopter, do the following: 

(a) Replace each affected hydraulic pump 

with an airworthy hydraulic pump. Do not 

install any hydraulic pump to which this AD 

applies unless the hydraulic pump has been 

overhauled or repaired after February 1, 2010 

and is airworthy. 

(b) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager; Safety 

Management Group, Rotorcraft Directorate, 

FAA, ATTN: Ed Cuevas, Aviation Safety 

Engineer, 2601 Meacham Blvd., Fort Worth, 

Texas 76137, telephone (817) 222–5355, fax 

(817) 222–5961, for information about 

previously approved alternative methods of 

compliance. 

(c) The Joint Aircraft System/Component 

(JASC) Code is 2913: Hydraulic Pump. 

(d) This amendment becomes effective on 

October 15, 2010. 

Note: The subject of this AD is addressed 

in European Aviation Safety Agency 

Emergency AD No. 2010–0043R1–E, dated 

March 26, 2010, and Eurocopter Emergency 

Alert Service Bulletin No. 01.00.78 and No. 

01.00.43, dated March 11, 2010. 

Issued in Fort Worth, Texas, on September 

9, 2010. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–24475 Filed 9–29–10; 8:45 am] 

BILLING CODE 4910–13–P 


jdjones on DSK8KYBLC1PROD with RULES