### 34290 Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Proposed Rules

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 adding the following new airworthiness directive (AD):

EUROCOPTER FRANCE: Docket No. FAA– 2013–0487; Directorate Identifier 2010– SW–056–AD. (a) Applicability

This AD applies to Eurocopter France (Eurocopter) Model AS332L2 and EC225LP helicopters, certificated in any category.
(b) Unsafe Condition

This AD defines the unsafe condition as loss of tightening torque of a bolt that secures the front and rear main gearbox (MGB) suspension bar attaching fittings, which can change the loads on the frames and cause cracking. This condition could lead to failure of the MGB supporting structure, detachment of the MGB, and subsequent loss of control of the helicopter.
(c) Comments Due Date

We must receive comments by August 6,
2013. (d) Compliance

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

(1) Within 500 hours time-in-service (TIS), and thereafter at intervals not to exceed 825 hours TIS, inspect the tightening torque of each bolt that secures the front and rear MGB attaching fitting by using as reference Figure 1 of Eurocopter Alert Service Bulletin (ASB) No. 05.00.65, Revision 0, dated March 28, 2006, for the Model AS332L2 helicopters; and ASB No. 05A002, Revision 1, dated December 6, 2007, for the Model EC225LP helicopters.

(2) If the loss of tightening torque of a nut is less than or equal to 20 percent of the minimum tightening torque, before further flight, readjust the tightening torque.

(3) If the loss of tightening torque of any nut (front or rear) is greater than 20 percent of the minimum tightening torque, before further flight:

(i) Inspect each bolt and nut that secures the attachment fitting for a crack, and

(ii) Inspect for a crack in the attachment area of the attachment fitting, the attachment plate, and Frame 3855 for the front fitting and Frame 5295 for the rear fitting.

(A) If no crack exists, readjust the tightening torque.

(B) If there is a crack in any nut or bolt, before further flight, replace all four nuts and bolts of the affected attachment fitting.

(C) If there is a crack in the attachment area of the attachment fitting or the attachment plate, before further flight, replace the cracked attachment fitting or plate with an airworthy fitting or plate.

(D) If there is a crack in Frame 3855 for the front fitting or Frame 5295 for the rear fitting, before further flight, repair or replace the frame.
(f) Alternative Methods of Compliance (AMOCs)

(1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Gary Roach, Aviation Safety Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222–5110; email gary.b.roach@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.
(g) Additional Information

The subject of this AD is addressed in European Aviation Safety Agency AD No. 2006–0163 R1, dated December 13, 2007.
(h) Subject

Joint Aircraft Service Component (JASC) Code: 6330, Main Rotor Transmission Mount.

Issued in Fort Worth, Texas, on May 29,

2013. Kim Smith, Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2013–13487 Filed 6–6–13; 8:45 am]

**BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION** 

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2013–0491; Directorate Identifier 2008–SW–012–AD]** 

**RIN 2120–AA64**

**Airworthiness Directives; Bell Helicopter Textron Canada Limited**  **(Bell) Helicopters**

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice of proposed rulemaking (NPRM).

**SUMMARY :**  We propose to adopt a new airworthiness directive (AD) for certain Bell Model 430 helicopters. This proposed AD would require installing a placard on the instrument panel and revising the limitations section of the rotorcraft flight manual (RFM). This proposed AD is prompted by several incidents of third stage engine turbine wheel failures, which were caused by excessive vibrations at certain engine speeds during steady-state operations. The proposed actions are intended to alert pilots to avoid certain engine speeds during steady-state operations, prevent failure of the third stage engine turbine, engine power loss, and subsequent loss of control of the helicopter.

**DATES :**  We must receive comments on this proposed AD by August 6, 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


### 34291 Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Proposed Rules

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 Bell Helicopter Textron Canada Limited, 12,800 Rue de l’Avenir, Mirabel, Quebec J7J1R4; telephone (450) 437–2862 or (800) 363–8023; fax (450) 433–0272; or
at http://www.bellcustomer.com/files/. 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 :**  Chinh Vuong, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222–5110; email chinh.vuong@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

Transport Canada (TC), which is the aviation authority for Canada, has issued TC AD No. CF–2005–25, dated July 5, 2005, to correct an unsafe condition for Model 430 helicopters. TC advises of several failures of third stage turbine wheels used in Rolls Royce 250– C30S and 250–C47B engines and that a similar turbine wheel is installed on the 250–C40B engine used by Bell on Model 430 helicopters. According to TC, Rolls Royce has determined that detrimental vibrations can occur within a particular range of turbine speeds, and may be a contributing factor to these failures. Bell has revised the operating limitations of the RFM and has provided a corresponding decal on the instrumentpanel to inform pilots to avoid steadystate operations between 71% and 91% turbine speeds.

The TC AD requires amending the RFM, advising pilots of the change, and installing a decal as described in Bell Alert Service Bulletin (ASB) No. 430– 05–34, dated June 10, 2005 (ASB 430– 05–34).

FAA’s Determination

These helicopters have been approved by the aviation authority of Canada and are approved for operation in the United States. Pursuant to our bilateral agreement with Canada, TC, 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 the same type design.

Related Service Information

Bell has issued ASB 430–05–34, which contains procedures for installing a placard on the instrument panel and for inserting the RFM changes into the flight manual. Proposed AD Requirements

This proposed AD would require installing a placard on the instrument panel and revising the Operating Limitations section of the Model 430 RFM to limit steady-state operations between speeds of 71% and 91%. Differences Between This Proposed AD and the TC AD

The TC AD requires compliance within 10 calendar days, the proposed AD requires compliance within 30 days. Costs of Compliance

We estimate that this proposed AD would affect 37 helicopters of U.S. Registry. Based on an average labor rate of $85 per hour, we estimate that operators may incur the following costs in order to comply with this AD. Amending the RFM would require about 0.5 work-hours, for a cost per helicopter of about $43 and a cost to U.S. operators of $1,591. Installing the decal would require about 0.2 work-hours and required parts would cost $20, for a cost per helicopter of $37 and a cost to U.S. operators of $1,369. Based on these estimates, the total cost of this proposed AD would be $80 per helicopter and $2,960 for the U.S. operator fleet. 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,


### 34292 Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Proposed Rules

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 adding the following new airworthiness directive (AD):
Bell Helicopter Textron Canada Limited (Bell): Docket No. FAA–2013–0491; Directorate Identifier 2008–SW–012–AD.
(a) Applicability

This AD applies to Bell Model 430 helicopters, serial number 49001 through 49111, certificated in any category.

(b) Unsafe Condition

This AD defines the unsafe condition as a third stage turbine vibration, which could result in turbine failure, engine power loss, and subsequent loss of control of the helicopter.

(c) Comments Due Date

We must receive comments by August 6,
2013. (d) 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.
(e) Required Actions

Within 30 days: (1) Revise the Operating Limitations section of the Model 430 Rotorcraft Flight Manual by inserting Section 1, Limitations, page 1–7, of Bell BHT–430–FM–1, revision 18, dated September 1, 2009.

(2) Install placard part number 230–075– 213–113, or equivalent, on the instrument panel directly below the pilot audio select panel.
(f) Alternative Methods of Compliance (AMOCs)

(1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Chinh Vuong, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222–5110; email chinh.vuong@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.
(g) Additional Information

(1) Bell Alert Service Bulletin No. 430–05– 34, dated June 10, 2005, which is not incorporated by reference, contains additional information about the subject of this AD. For service information identified in this AD, contact Bell Helicopter Textron Canada Limited, 12,800 Rue de l’Avenir, Mirabel, Quebec J7J1R4; telephone (450) 437–2862 or (800) 363–8023; fax (450) 433– 0272; or at http://www.bellcustomer.com/ files/. 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 Transport Canada AD No. CF–2005–25, dated July 5, 2005.
(h) Subject

Joint Aircraft Service Component (JASC) Code: 7250: Turbine Section.

Issued in Fort Worth, Texas, on May 29,
2013. Kim Smith, Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2013–13478 Filed 6–6–13; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF DEFENSE**

**Office of the Secretary**

**32 CFR Part 199**

**[DOD–2011–HA–0136]**

**RIN 0720–AB56**

**Civilian Health and Medical Program of the Uniformed Services (CHAMPUS);**  **TRICARE Uniform Health Maintenance Organization (HMO) Benefit—Prime**  **Enrollment Fee Exemption for Survivors of Active Duty Deceased**  **Sponsors and Medically Retired Uniformed Services Members and**  **Their Dependents**

**AGENCY :**  Office of the Secretary, DoD.

**ACTION :**  Proposed rule.

**SUMMARY :**  This proposed rule would establish an exception to the usual rule that TRICARE Prime enrollment fees are uniform for the group of retirees and their dependents. Survivors and medically retired members are part of the retiree group under TRICARE rules. This exception would allow Survivors of Active Duty Deceased Sponsors and Medically Retired Uniformed Services Members and their Dependents enrolled in Prime to be exempt from future increases in TRICARE Prime enrollment fees. The Prime beneficiaries in these categories prior to 10/1/2013 would have their annual enrollment fee frozen at their current annual rate (FY 2011 rate $230 per single or $460 per family, FY 2012 rate $260 or $520, or the FY 2013 rate $269.38 or $538.56). The beneficiaries added to these categories on or after 10/1/2013 would have their fee frozen at the rate in effect at the time they are classified in either category and enroll in Prime or, if not enrolling, at the rate in effect at the time of enrollment. The fee remains frozen as long as at least one family member remains enrolled in Prime and there is not a break in enrollment. The fee charged for the dependent(s) of a Medically Retired Uniformed Services Member would not change if the dependent(s) was later re-classified a Survivor.

**DATES :**  Written comments received at the address indicated below by August 6, 2013 will be considered and addressed in the final rule.

**ADDRESSES :**  You may submit comments, identified by docket number and or RIN number and title, by any of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments.

• Mail: Federal Docket Management System Office, 1160 Defense Pentagon, Washington, DC 20301–1160. Instructions: All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) for this Federal Register document. The general policy for comments and other submissions from dependents of the public is to make these submissions available for public viewing on the Internet at http://regulations.gov as they are received without change, including any personal identifiers or contact information.

**FOR FURTHER INFORMATION CONTACT :**  Ralph (Doug) McBroom, (703) 681– 0039, TRICARE Management Activity, TRICARE Policy and Operations Directorate. Questions regarding payment of specific claims under the TRICARE allowable charge method should be addressed to the appropriate TRICARE contractor.

**SUPPLEMENTARY INFORMATION :**  With respect to TRICARE Prime enrollment fees, the regulation (32 CFR 199.18(c)) currently includes the following provision: ‘‘The specific enrollment fee requirements shall be published annually by the Assistant Secretary of Defense (Health Affairs), and shall be uniform within the following groups: dependents of active duty members in pay grades of E–4 and below; active duty dependents of sponsors in pay grades E–5 and above; and retirees and their dependents.’’ There is no enrollment fee for active duty dependents. The annual enrollment fee