70382 Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Proposed Rules 

5941(a), E.O. 12883, 58 FR 63281, 3 CFR, 

1993 Comp., p. 682 and E.O. 13106, 63 FR 

68151, 3 CFR, 1998 Comp., p. 224. 

Subpart F—Locality-Based 

Comparability Payments 

2. In § 531.602, the definitions of CSA 

and MSA are revised to read as follows: 

§ 531.602 Definitions. 

* * * * * 

CSA means the geographic scope of a 

Combined Statistical Area as defined by 

the Office of Management and Budget 

(OMB) in OMB Bulletin 10–02, 

December 1, 2009. 

* * * * * 

MSA means the geographic scope of a 

Metropolitan Statistical Area as defined 

by OMB in OMB Bulletin 10–02, 

December 1, 2009. 

* * * * * 

3. In § 531.609, paragraph (d) is 

revised to read as follows: 

§ 531.609 Adjusting or terminating locality 

rates. 

* * * * * 

(d) In the event of a change in the 

geographic coverage of a locality pay 

area, the effective date of any change in 

an employee’s entitlement to a locality 

rate of pay under this subpart is the first 

day of the first pay period beginning on 

or after the effective date indicated in 

the applicable final rule published in 

the Federal Register. 

* * * * * 

[FR Doc. 2012–28555 Filed 11–23–12; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1214; Directorate 

Identifier 2011–SW–071–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for 

Eurocopter France Model EC 155B, 

EC155B1, SA–366G1, SA–365N, SA– 

365N1, AS–365N2, and AS 365 N3 

helicopters, which would require 

modifying the fuel tank draining system. 

This proposed AD is prompted by a 

closed fuel tank drain that, in the event 

of a fuel leak, could result in fuel 

accumulating in an area containing 

electrical equipment. The proposed 

actions are intended to prevent 

accumulation of fuel in an area with 

electrical equipment or other ignition 

source, which may lead to a fire. 

DATES: We must receive comments on 

this proposed AD by January 25, 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 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 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 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 

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– 

0190, dated September 30, 2011 (AD No. 

2011–0190), to correct an unsafe 

condition for the Eurocopter France EC 

155, SA 366, SA 365, and AS 365 model 

helicopters, except those with certain 

modifications. EASA reports that the 

fuel tank drains were closed with plugs 

during production to maintain 

buoyancy during emergency landings in 

water. EASA states that this closing of 

the fuel tank drains with plugs 

‘‘disregards compliance with an 

airworthiness certification requirement’’ 

and, in the event of a fuel leak in flight, 

creates ‘‘the risk of fuel accumulation 

and/or migration’’ to an adjacent area 

that may contain electrical equipment 

‘‘susceptible of constituting a source of 

ignition.’’ EASA states that this 

condition, if not corrected, could result 

in ignition of fuel vapors, ‘‘resulting in 

a fire and consequent damage to the 

helicopter, or injury to its occupants.’’ 

As a result, EASA required modification 

of the fuel tank compartments’ draining 

system. 

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 its 

AD. We are proposing this AD because 

we evaluated all known relevant 

information and determined that an 

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Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Proposed Rules 70383 

unsafe condition is likely to exist or 

develop on other products of these same 

type designs. 

Related Service Information 

Eurocopter issued Alert Service 

Bulletin (ASB) No. EC155–53A031 for 

its B and B1 model helicopters, ASB No. 

AS366–53.11 for its G1 model 

helicopters, and ASB No. AS365– 

53.00.50 for its N, N1, N2 and N3 model 

helicopters. The ASBs were all dated 

May 3, 2011, and were all followed with 

Revision 1 dated September 21, 2011. 

For helicopters not equipped with 

emergency buoyancy fixed parts, the 

ASBs describe procedures to modify the 

fuel tank draining system by removing 

drain plugs in the fuel tanks, to make 

draining possible. For helicopters 

equipped with emergency buoyancy 

fixed parts, the ASBs contain additional 

procedures to seal one drain plug per 

fuel tank compartment and to install 

new drain points and self-sealing drain 

valves in specified fuel tanks. EASA AD 

No. 2011–0190 classifies these ASBs as 

mandatory to ensure the airworthiness 

of these helicopters. 

Proposed AD Requirements 

This proposed AD would require 

compliance with certain sections within 

paragraph 3.B.2 of the manufacturer’s 

service bulletins. Helicopters equipped 

with emergency buoyancy fixed parts 

would be required to comply within six 

months, and helicopters not equipped 

with emergency buoyancy fixed parts 

would be required to comply within 110 

hours time-in-service. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 46 helicopters of U.S. 

Registry and that labor costs average $85 

per work-hour. Based on these 

estimates, we would expect the 

following costs: 

Sealing drain plugs, and installing 

new drain points and self-sealing drain 

valves at other locations on helicopters 

equipped with emergency buoyancy 

fixed parts would require 16 workhours. Parts would cost $11,154 for a 

total cost of $12,514 per helicopter. For 

helicopters equipped with emergency 

buoyancy fixed parts and a sixth fuel 

tank, this work would instead require 17 

work-hours for a total cost of $12,599 

per helicopter. 

Removing drain plugs on helicopters 

not equipped with emergency buoyancy 

fixed parts would require one workhour and no parts for a total cost of $85 

per helicopter. For helicopters not 

equipped with emergency buoyancy 

fixed parts but equipped with a sixth 

fuel tank, this work would instead 

require two work-hours for a total cost 

of $170 per helicopter. 

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, 

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–2012– 

1214; Directorate Identifier 2011–SW– 

071–AD. 

(a) Applicability 

This AD applies to Eurocopter France 

Model EC 155B, EC155B1, and SA–366G1 

helicopters, except those with modification 

365A084485.00, or modifications 0753C98 

and 0745C96; and Model SA–365N, SA– 

365N1, AS–365N2, and AS 365 N3 

helicopters, except those with modifications 

0753C98, 0745C96, and (if a sixth fuel tank 

is installed) 365A081003.00, or modification 

365A081003.00 and (if a sixth fuel tank is 

installed) 365A084485.00. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

closed fuel tank drain that, in the event of a 

fuel leak, could result in fuel accumulating 

in an area containing electrical equipment or 

other ignition source. This condition could 

result in a fire in the helicopter. 

(c) 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. 

(d) Required Actions 

(1) Within 110 hours time-in-service (TIS): 

(i) For helicopters without an emergency 

buoyancy system, remove the fuel tank drain 

plugs listed in the Accomplishment 

Instructions, paragraph 3.B.2.b., of 

Eurocopter Alert Service Bulletin (ASB) No. 

EC155–53A031, Revision 1, dated September 

21, 2011 (ASB 155); ASB No. AS365– 

53.00.50, Revision 1, dated September 21, 

2011 (ASB 365), or ASB No. AS366–53.11, 

Revision 1, dated September 21, 2011 (ASB 

366), as appropriate for your model 

helicopter. 

(ii) For the Model SA–365N, SA–365N1, 

AS–365N2, and AS 365 N3 helicopters, if 

there is an optional sixth fuel tank installed, 

install a self-sealing drain valve in 

accordance with paragraph 3.B.2.c. of the 

ASB. 

(2) Within six months: 

(i) For helicopters with an emergency 

buoyancy system, modify the fuel tank drain 

system in accordance with the 

Accomplishment Instructions, paragraphs 

3.B.2.a.1. through 3.B.2.a.3, of the ASB 

appropriate for your model helicopter. 

(ii) For the Model SA–365N, SA–365N1, 

AS–365N2, AS 365 N3 helicopters, if there is 

an optional sixth fuel tank installed, install 

a self-sealing drain valve in accordance with 

paragraph 3.B.2.c. of the ASB. 

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70384 Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Proposed Rules 

(e) Alternative Methods of Compliance 

(AMOC) 

(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. 

(f) Additional Information 

The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2011–0190, dated September 30, 2011. 

(g) Subject 

Joint Aircraft Service Component (JASC) 

Code: 2810, fuel storage. 

Issued in Fort Worth, Texas, on November 

8, 2012. 

Lance T. Gant, 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–28435 Filed 11–23–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2012–1241; Notice No. 25– 

12–15–SC] 

Special Conditions: Embraer S.A., 

Model EMB–550 Airplane; Design Roll 

Maneuver for Electronic Flight 

Controls 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Embraer S.A. Model 

EMB–550 airplane. This airplane will 

have a novel or unusual design 

feature(s) associated with the design roll 

maneuver for electronic flight controls, 

specifically an electronic flight control 

system that provides control of the 

aircraft through pilot inputs to the flight 

computer. The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for this 

design feature. These proposed special 

conditions contain the additional safety 

standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards. 

DATES: Send your comments on or 

before January 10, 2013. 

ADDRESSES: Send comments identified 

by docket number [FAA–2012–1241] 

using any of the following methods: 

• Federal eRegulations Portal: Go to 

http://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 8 

a.m. and 5 p.m., Monday through 

Friday, except federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov/, 

including any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo. 

dot.gov/. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov/ at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Todd Martin, FAA, Airframe and Cabin 

Safety Branch, ANM–115, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington, 98057–3356; 

telephone 425–227–1178; facsimile 

425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. 

We will consider all comments we 

receive on or before the closing date for 

comments. We may change these special 

conditions based on the comments we 

receive. 

Background 

On May 14, 2009, Embraer S.A. 

applied for a type certificate for their 

new Model EMB–550 airplane. The 

Model EMB–550 airplane is the first of 

a new family of jet airplanes designed 

for corporate flight, fractional, charter, 

and private owner operations. The 

aircraft has a conventional configuration 

with low wing and T-tail empennage. 

The primary structure is metal with 

composite empennage and control 

surfaces. The Model EMB–550 airplane 

is designed for 8 passengers, with a 

maximum of 12 passengers. It is 

equipped with two Honeywell 

HTF7500–E medium bypass ratio 

turbofan engines mounted on aft 

fuselage pylons. Each engine produces 

approximately 6,540 pounds of thrust 

for normal takeoff. The primary flight 

controls consist of hydraulically 

powered fly-by-wire elevators, ailerons, 

and rudder, controlled by the pilot or 

copilot sidestick. 

The flight control system for the 

Model EMB–550 airplane does not have 

a direct mechanical link or a linear gain 

between the airplane flight control 

surface and the pilot’s cockpit control 

device, which is not accounted for in 

Title 14, Code of Federal Regulations 

(14 CFR) 25.349(a). Instead, a flight 

control computer commands the 

airplane flight control surfaces, based on 

input received from the cockpit control 

device. The pilot input is modified by 

the flight control computer before the 

command is given to the flight control 

surface. 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

Embraer S.A. must show that the Model 

EMB–550 airplane meets the applicable 

provisions of part 25, as amended by 

Amendments 25–1 through 25–127 

thereto. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Model EMB–500 airplane 

because of a novel or unusual design 

feature, special conditions are 

prescribed under the provisions of 

§ 21.16. 

Special conditions are initially 

applicable to the model for which they 

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