Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Rules and Regulations 4475 

§ 431.373 [Corrected] 

3. On page 672, in the first and second 

columns under § 431.373, revise 

paragraphs (a)(3)(ii) and (iii), and on 

page 673, in the first column under 

§ 431.373, revise paragraph (a)(6)(i)(B) to 

read as follows: 

§ 431.373 Enforcement. 

* * * * * 

(a) * * * 

(3) * * * 

(ii) For automatic commercial ice 

makers, as well as commercial 

refrigerators, freezers, and refrigeratorfreezers, the methods are described in 

appendix D to subpart T of part 431 and 

include the following provisions: 

* * * * * 

(iii) For commercial HVAC and WH 

products, the methods are described in 

appendix D to subpart T of part 431 and 

include the following provisions: 

* * * * * 

(6) * * * 

(i) * * * 

(B) For automatic commercial ice 

makers, as well as commercial 

refrigerators, freezers, and refrigeratorfreezers, the applicable provisions in 

appendix D to subpart T of part 431, and 

limited to a maximum of six additional 

units of basic model. 

* * * * * 

Issued in Washington, DC, on January 22, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–1728 Filed 1–27–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1146; Directorate 

Identifier 2008–SW–38–AD; Amendment 39– 

16184; AD 2010–03–01] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Model AS332L1, AS332L2, and 

EC225LP 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 the 

specified Eurocopter France (ECF) 

model helicopters. This AD results from 

mandatory continuing airworthiness 

information (MCAI) issued by the 

European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community. The MCAI states: 

‘‘Recently, a report was received 

concerning the discovery of fragments of 

a plastic blanking plug (fitted to the 

harness belt buckle 5th attachment 

point) inside a seat harness belt buckle. 

Over time, this blanking plug hardens 

and becomes brittle. This condition, if 

not corrected, can lead to failure of the 

plug and fragments being caught inside 

the buckle, causing interference and 

preventing the belt from being released 

during an emergency evacuation of the 

aircraft.’’ This AD requires actions that 

are intended to address this unsafe 

condition. 

DATES: This AD becomes effective on 

February 12, 2010. 

The incorporation by reference of 

certain publications is approved by the 

Director of the Federal Register as of 

February 12, 2010. 

We must receive comments on this 

AD by March 29, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting your 

comments electronically. 

• 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 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 

stated in the ADDRESSES section of this 

AD. Comments will be available in the 

AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

George Schwab, Aviation Safety 

Engineer, FAA, Rotorcraft Directorate, 

Safety Management Group, Fort Worth, 

Texas 76137, telephone (817) 222–5114, 

fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Discussion 

EASA, which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD No. 

2008–0075, dated April 22, 2008, to 

correct an unsafe condition for the ECF 

Model AS332L1, AS332L2, and 

EC225LP helicopters. EASA received a 

report concerning the discovery of 

fragments of a plastic blanking plug 

(fitted to the harness belt buckle 5th 

attachment point) inside a seat harness 

belt buckle. Over time, this blanking 

plug hardens, becomes brittle, and starts 

to deteriorate. This condition, if not 

corrected, can lead to fragments of the 

plug being caught inside the buckle, 

preventing the belt from releasing 

during an emergency evacuation of the 

aircraft. 

You may obtain further information 

by examining the MCAI and any related 

service information in the AD docket. 

Related Service Information 

ECF has issued Emergency Alert 

Service Bulletin No. 01.00.72 for the 

Model AS332L1 and L2 helicopters and 

No. 04A003 for the Model EC225LP 

helicopters, both dated April 15, 2008. 

The seat buckles installed on the 

specified helicopters have five 

attachment points, and the seat harness 

belts have four attachment points only. 

Therefore, the 5th belt buckle 

attachment point is blanked using a 

plastic blanking plug. These plastic 

blanking plugs harden and become 

brittle over time. Mishandling of the 

buckle can cause the blanking plug to 

fail and fragments may be caught inside 

the buckle. Any fragments inside the 

buckle can lead to interference and may 

prevent the buckle from releasing the 

belts. The service information specifies 

removing all seat harness belt buckle 

blanking plugs, part number (P/N) 

332V85134620 or P/N 332V85134621. 

The actions described in the MCAI are 

intended to correct the same unsafe 

condition as that identified in the 

service information. 

FAA’s Evaluation and Unsafe Condition 

Determination 

These products have been approved 

by the aviation authority of France and 

are approved for operation in the United 

States. Pursuant to our bilateral 


rmajette on DSK29S0YB1PROD with RULES
4476 Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Rules and Regulations 

agreement with France, they have 

notified us of the unsafe condition 

described in the MCAI. 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 

MCAI AD 

This AD does not require you to 

return the parts to the manufacturer. 

Also, we refer to the compliance time as 

30 days rather than 1 month. 

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 .4 

work-hour per helicopter to inspect for 

a failed blanking plug and replace the 

belt buckle with an airworthy belt 

buckle if the plug has failed. The 

average labor rate is $80 per work-hour. 

Required parts will cost about $250 per 

belt buckle. Based on these figures, we 

estimate the cost of this AD on U.S. 

operators will be $1,692, assuming 1 

belt buckle per helicopter is replaced. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. We find that the risk to the flying 

public justifies waiving notice and 

comment prior to adoption of this rule 

because this unsafe condition requires 

immediate adoption of this AD due to 

possible inability to release the seat 

belts from the seat harness belt buckle 

during an emergency evacuation of the 

helicopter. Therefore, we have 

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 fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. 

However, we invite you to send us any 

written data, views, or arguments 

concerning this AD. Send your 

comments to an address listed under the 

ADDRESSES section of this AD. Include 

‘‘Docket No. FAA–2009–1146; 

Directorate Identifier 2008–SW–38–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because 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 we receive 

about this AD. 

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 

product(s) 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. 

Therefore, I certify this AD: 

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 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: 

2010–03–01 Eurocopter France: 

Amendment 39–16184. Docket No. 

FAA–2009–1146; Directorate Identifier 

2008–SW–38–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective on February 12, 2010. 

Other Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model AS332L1, 

AS332L2, and EC225LP helicopters with the 

following seat harnesses, fitted with blanking 

plugs, part number (P/N) 332V85134620 or 

P/N 332V85134621, except seat harnesses 

modified by Eurocopter MOD 332V080169, 

installed, certificated in any category: 

Harness manufacturer Seat harness P/N 

Schroth ..................................................... P/N 1–10–725203. 

P/N 1–10–P65203. 

On Fisher Harmony single seats, P/N 03140000011X205 (Eurocopter P/N 704A41210112). 

On Fisher Harmony two-seat benches, P/N 03150000011XX205 (Eurocopter P/N 704A41210113). 

AM–SAFE ................................................ P/N 503583–407–2251. 

P/N 503583–408–2251. 

On Sicma single seats with the following P/Ns: 

P/N 17911–02–00 (Eurocopter P/N 704A41210102). 

P/N 17911–03–00 (Eurocopter P/N 704A41210105). 

P/N 17912–02–00 (Eurocopter P/N 704A41210103). 


rmajette on DSK29S0YB1PROD with RULES
Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Rules and Regulations 4477 

Harness manufacturer Seat harness P/N 

P/N 17912–03–00 (Eurocopter P/N 704A41210106). 

On Sicma two-seat benches with the following P/Ns: 

P/N 17920–02–00 (Eurocopter P/N 704A41210104). 

P/N 17920–03–00 (Eurocopter P/N 704A41210107). 

P/N 504729–401–2251 on rear bench seats (all P/Ns). 

Note: Embodiment of MOD 332V080169 

can be checked visually by verifying that no 

blanking plug is fitted on the 5th attachment 

point of the buckle plus verifying that aircraft 

records indicate the blanking plug has been 

removed by following MOD 332V080169. 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) states: 

‘‘Recently, a report was received concerning 

the discovery of fragments of a plastic 

blanking plug (fitted to the harness belt 

buckle 5th attachment point) inside a seat 

harness belt buckle. Over time, this blanking 

plug hardens and becomes brittle. This 

condition, if not corrected, can lead to failure 

of the plug and fragments being caught inside 

the buckle, causing interference and 

preventing the belt from being released 

during an emergency evacuation of the 

aircraft.’’ 

Actions and Compliance 

(e) Required as indicated, unless 

accomplished previously, do the following: 

(1) Within 30 days, pry out the blanking 

plug from each seat harness belt buckle. 

(2) If the removed blanking plug has 

deteriorated (fragmented), before further 

flight, replace the belt buckle with an 

airworthy belt buckle without a plastic 

blanking plug. Do this replacement as 

depicted in Figures 7 and 8 for the ‘‘AM– 

SAFE’’ belt buckle and Figure 9 for the 

‘‘SCHROTH’’ belt buckle of Eurocopter 

Emergency Alert Service Bulletin (ASB) No. 

01.00.72 for the Model AS332L1 and L2 and 

ASB No. 04A003 for the Model EC225LP 

helicopters, both dated April 15, 2008. To 

replace a belt buckle, follow the 

Accomplishment Instructions, paragraph 

2.B.2.b. of ASB 01.00.72 or ASB 04A003, 

both dated April 15, 2008, as applicable to 

your model helicopter, except this AD does 

not require you to return the harness belt 

buckle to the manufacturer. 

(i) Conduct a buckle fastening release test 

to ensure the buckle works correctly. 

(ii) Inspect the positioning of the seat 

harness belt on the buckle to assure that it 

is as depicted in Figure 6 of the ASB, as 

applicable to your model helicopter. 

(3) If the blanking plug has not 

deteriorated, return the buckle to service 

without the blanking plug. 

Note: This modifies the buckle to be 

airworthy without the blanking plug. 

Differences Between This AD and the MCAI 

AD 

(f) This AD does not require you to return 

the harness belt buckle to the manufacturer. 

Also, we use a compliance time of 30 days 

rather than 1 month. 

Other Information 

(g) The Manager, Safety Management 

Group, FAA, ATTN: George Schwab, 

Aviation Safety Engineer, Rotorcraft 

Directorate, Fort Worth, Texas 76137, 

telephone (817) 222–5114, fax (817) 222– 

5961 has the authority to approve AMOCs for 

this AD, if requested, using the procedures 

found in 14 CFR 39.19. 

Related Information 

(h) European Aviation Safety Agency 

(EASA) AD No. 2008–0075, dated April 22, 

2008, contains related information. 

Joint Aircraft System/Component (JASC) 

Code 

(i) JASC Code 2500: Cabin Equipment & 

Furnishings. 

Material Incorporated by Reference 

(j) You must use the specified portions of 

Eurocopter Emergency Alert Service Bulletin 

No. 01.00.72 for the Model AS332L1 and L2 

helicopters and No. 04A003 for the Model 

EC225LP helicopters, both dated April 15, 

2008, to do the actions required. 

(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 Forum Drive, Grand 

Prairie, TX 75053–4005, telephone (972) 

641–3460, fax (972) 641–3527, or at http:// 

www.eurocopter.com. 

(3) You may review copies at the FAA, 

Rotorcraft Directorate, 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/ 

cfr/ibr-locations.html. 

Issued in Fort Worth, Texas, on November 

24, 2009. 

Lance T. Gant, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–1515 Filed 1–27–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0782; Directorate 

Identifier 2009–NM–011–AD; Amendment 

39–16181; AD 2010–02–10] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–201, –202, –203, –223, –243, 

–301, –302, –303, –321, –322, –323, 

–341, –342, and –343 Series Airplanes; 

Model A340–211, –212, –213, –311, 

–312, and –313 Series Airplanes; and 

Model A340–541 and –642 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

During a scheduled maintenance 

inspection on the MLG [main landing gear], 

the bogie stop pad was found deformed and 

cracked. Upon removal of the bogie stop pad 

for replacement, the bogie beam was also 

found cracked. 

* * * * * 

A second bogie beam crack has 

subsequently been found on another aircraft, 

located under a bogie stop pad which only 

had superficial paint damage. 

This condition, if not detected and 

corrected, could result in the aircraft 

departing the runway or to the bogie 

detaching from the aircraft or gear collapses, 

which would all constitute unsafe conditions 

at speeds above 30 knots. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

March 4, 2010. The Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD as of 

March 4, 2010. 


rmajette on DSK29S0YB1PROD with RULES