35346 Federal Register / Vol. 76, No. 117 / Friday, June 17, 2011 / Rules and Regulations 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, a federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave., SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) AD No.: 2011–0042, 

dated March 11, 2011; and Costruzioni 

Aeronautiche Tecnam Service Bulletin No. 

SB 036–CS, 1st Edition, Rev 1, dated 

December 15, 2010, for related information. 

For service information related to this AD, 

contact Costruzioni Aeronautiche TECNAM 

Airworthiness Office, Via Maiorise—81043 

Capua (CE) Italy; telephone: +39 0823 

620134; fax: +39 0823 622899; e-mail: 

m.oliva@tecnam.com, 

p.violetti@tecnam.com; internet: http:// 

www.tecnam.com. You may review copies of 

the referenced service information at the 

FAA, Small Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For information 

on the availability of this material at the 

FAA, call 816–329–4148. 

Material Incorporated by Reference 

(i) You must use Costruzioni Aeronautiche 

Tecnam Service Bulletin No. SB 036–CS, 1st 

Edition, Rev 1, dated December 15, 2010, to 

do the actions required by this AD, unless the 

AD specifies otherwise. 

(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 Costruzioni Aeronautiche 

TECNAM Airworthiness Office, Via 

Maiorise—81043 Capua (CE) Italy; telephone: 

+39 0823 620134; fax: +39 0823 622899; 

e-mail: m.oliva@tecnam.com, 

p.violetti@tecnam.com; Internet: http:// 

www.tecnam.com. 

(3) You may review copies of the 

referenced service information at the FAA, 

Small Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For information 

on the availability of this material at the 

FAA, call (816) 329–4148. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD 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/

code_of_federal_regulations/ibr_

locations.html. 

Issued in Kansas City, Missouri, on June 

10, 2011. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–14937 Filed 6–16–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0551; Directorate 

Identifier 2009–SW–013–AD; Amendment 

39–16714; AD 2011–12–07] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Model SA–365C, SA–365C1, 

SA–365C2, SA–365N, SA–365N1, AS– 

365N2, AS 365 N3, and SA–366G1 

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 France 

(Eurocopter) helicopters. This action 

requires visually inspecting the 

adhesive bead between the bushing and 

the Starflex star (Starflex) arm for a 

crack, a gap, or loss of the adhesive 

bead, inspecting the Starflex arm ends 

for delamination, and replacing the 

Starflex if any of these conditions are 

found. This amendment is prompted by 

three cases of deterioration of a Starflex 

arm. In two of these cases, the 

deterioration caused high amplitude 

vibrations in flight, compelling the pilot 

to make a precautionary landing. The 

actions specified in this AD are 

intended to prevent failure of the 

Starflex, high-amplitude vibrations in 

flight, and subsequent loss of control of 

the helicopter. 

DATES: Effective July 5, 2011. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of July 5, 2011. 

Comments for inclusion in the Rules 

Docket must be received on or before 

August 16, 2011. 

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: Jim 

Grigg, Aerospace Engineer, FAA, 

Rotorcraft Directorate, Safety 

Management Group (ASW–112), 2601 

Meacham Blvd., Fort Worth, Texas 

76137; telephone: (817) 222–5126; 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 

Union, has issued EASA AD No. 2008– 

0165, dated August 28, 2008 (AD No. 

2008–0165), which supersedes EASA 

Emergency AD No. 2006–0321–E, dated 

October 18, 2006, to correct an unsafe 

condition for the Eurocopter Model SA– 

365C, SA–365C1, SA–365C2, SA–365N, 

SA–365N1, AS–365N2, AS 365 N3, and 

SA–366G1 helicopters. EASA issued AD 

No. 2008–0165 as a result of the 

issuance of Revision 3 of Eurocopter 

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Federal Register / Vol. 76, No. 117 / Friday, June 17, 2011 / Rules and Regulations 35347 

Emergency Alert Service Bulletin 

(EASB) Numbers 05.00.51, 05.35, 05.28, 

and 05.00.21 (military only). EASA 

advises that their AD was issued 

following three reported cases of 

deterioration of a Starflex arm end. They 

state that in two of these cases, the 

deterioration caused high amplitude 

vibrations in flight, compelling the pilot 

to carry out a precautionary landing. 

EASA further states that if the Starflex 

arm end fails, high-amplitude vibrations 

could make it difficult to control the 

helicopter. 

Related Service Information 

Eurocopter has issued one EASB, 

which applies to four different series 

helicopters, each with a different EASB 

number: No. 05.00.51 for the 365N 

series; No. 05.35 for the 366G1; No. 

05.28 for the 365C series; and No. 

05.00.21 for non-type certificated 

military helicopters; all Revision 3, and 

all dated August 18, 2008. This EASB 

specifies ‘‘checks of the bushes’’ 

installed on Starflex arm ends and 

reduces the interval between successive 

checks ‘‘in order to be able to detect any 

bush bonding failure or distortion of a 

Starflex arm end as rapidly as possible.’’ 

EASA classified this EASB as 

mandatory and issued AD No. 2008– 

0165 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 member 

states of the European Union 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 

their 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 designs. Therefore, this 

AD is being issued to prevent the failure 

of the Starflex, high amplitude 

vibrations in flight, and subsequent loss 

of control of the helicopter. This AD 

requires, within 10 hours time-inservice (TIS) and thereafter at intervals 

not to exceed 10 hours TIS, visually 

inspecting the adhesive bead between 

the bushing and the Starflex arm for a 

crack, a gap, or loss of the adhesive 

bead, inspecting the Starflex arm ends 

for delamination, and replacing the 

Starflex if any of these conditions are 

found. Accomplish the actions by 

following specified portions of the 

EASB described previously. 

The short compliance time involved 

is required because the previously 

described critical unsafe condition can 

adversely affect the structural integrity 

and controllability of the helicopter. 

Therefore, the actions described 

previously are required at very short TIS 

intervals, 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. 

Differences Between This AD and the 

EASA AD 

We have reviewed the EASA AD, and 

our AD differs from the EASA AD as 

follows: 

• The EASA AD uses the term 

‘‘check.’’ We instead use the term 

‘‘inspect.’’ 

• The EASA AD uses the terms 

‘‘bush’’ and ‘‘bushes.’’ We instead use 

the terms ‘‘bushing’’ and ‘‘bushings.’’ 

• The EASA AD uses the term ‘‘flying 

hours.’’ We instead use the term ‘‘timein-service.’’ 

Costs of Compliance 

We estimate that this AD will affect 

about 37 helicopters of U.S. registry. We 

also estimate that it will take about 0.25 

work-hour per helicopter to inspect the 

Starflex arm end, and 10 work-hours to 

remove and replace the Starflex star, if 

necessary. The average labor rate is $85 

per work-hour. Required parts will cost 

about $33,794. Based on these figures, 

we estimate that the total annual cost of 

this AD on U.S. operators is $50,369, 

assuming 20 inspections are conducted 

on each helicopter and assuming one 

Starflex star is replaced each year. 

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–2011–0551; 

Directorate Identifier 2009–SW–13–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. 

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35348 Federal Register / Vol. 76, No. 117 / Friday, June 17, 2011 / Rules and Regulations 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

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: 

2011–12–07 Eurocopter France 

(Eurocopter): Amendment 39–16714; 

Docket No. FAA–2011–0551; Directorate 

Identifier 2009–SW–013–AD. 

Applicability: Models SA–365C, SA– 

365C1, SA–365C2, SA–365N, SA–365N1, 

AS–365N2, AS 365 N3, and SA–366G1 

helicopters; certificated in any category. 

Compliance: Within 10 hours time-inservice (TIS), and thereafter at intervals not 

to exceed 10 hours TIS. 

To prevent the failure of the Starflex star 

(Starflex) arm, high amplitude vibrations in 

flight, and subsequent loss of control of the 

helicopter, accomplish the following: 

(a) Visually inspect the adhesive bead 

between the bushing and the Starflex arm for 

a crack, a gap, or loss of the adhesive bead, 

and inspect the Starflex arm ends for 

delamination in accordance with the 

Accomplishment Instructions, paragraph 

2.B.1 and 2.B.2 of Eurocopter Emergency 

Alert Service Bulletin (EASB) No. 05.00.51 

for the 365N series helicopters, No. 05.35 for 

the 366G1 model helicopter, or No. 05.28 for 

the 365C series helicopters, all Revision 3, 

and all dated August 18, 2008. 

Note 1: The one Eurocopter EASB contains 

four different service bulletin numbers: No. 

05.00.51, No. 05.35; and No. 05.28 for the 

model helicopters affected by this AD; and 

No. 05.00.21 for non-type certificated 

military helicopters. 

(b) If there is a crack in the shockproof 

paint around the entire adhesive bead where 

the Starflex arm joins the bushing (as shown 

in Figure 2 of the applicable EASB), a gap 

between the adhesive bead and the bushing 

(as shown in Figure 3 of the applicable 

EASB), delamination of a Starflex arm end 

(as shown in Figure 4 of the applicable 

EASB), or loss of adhesive bead (as shown in 

Figure 5 of the applicable EASB), replace the 

Starflex before further flight. 

(c) 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, Attn: DOT/FAA 

Southwest Region, Jim Grigg, ASW–112, 

Rotorcraft Directorate, 2601 Meacham Blvd., 

Fort Worth, Texas 76137; telephone (817) 

222–5126; fax: (817) 222–5961, for 

information about previously approved 

alternative methods of compliance. 

(d) The Joint Aircraft System/Component 

(JASC) Code is 6200: Main Rotor System. 

(e) The inspection shall be done in 

accordance with the specified portions of 

Eurocopter France Emergency Alert Service 

Bulletins No. 05.00.51, No. 05.35, or No. 

05.28. All three of the Alert Service Bulletins 

are Revision 3 and all are dated August 18, 

2008. The Director of the Federal Register 

approved this incorporation by reference in 

accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Copies may be obtained 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. 

Copies may be inspected at the FAA, Office 

of the Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort Worth, 

Texas, 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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

This amendment becomes effective on July 

5, 2011. 

Note 2: The subject of this AD is addressed 

in European Aviation Safety Agency AD No. 

2008–0165, dated August 28, 2008. 

Issued in Fort Worth, Texas, on May 25, 

2011. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–14248 Filed 6–16–11; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 200 

[Release No. 34–64649] 

Delegation of Authority to the Director 

of Its Division of Enforcement 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’) is 

amending its rules to delegate authority 

to the Director of the Division of 

Enforcement (‘‘Division’’) to issue 

witness immunity orders to compel 

individuals to give testimony or provide 

other information. This delegation is 

intended to conserve Commission 

resources, enhance the Division’s ability 

to detect violations of the Federal 

securities laws, increase the 

effectiveness and efficiency of the 

Division’s investigations, and improve 

the success of the Commission’s 

enforcement actions. 

DATES: Effective Date: June 17, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Samuel Waldon, Assistant Chief 

Counsel, (202) 551–4710. 

SUPPLEMENTARY INFORMATION: The 

Commission is amending its rules 

governing delegations of authority to the 

Director of the Division of Enforcement. 

The amendment to Rule 30–4(a)(14) (17 

CFR 200.30–4(a)(14)) authorizes the 

Division Director to issue orders to 

compel individuals to give testimony or 

provide other information pursuant to 

18 U.S.C. 6002–6004. This delegation 

follows on the Commission’s prior 

delegation, effective January 19, 2010, of 

the authority to submit witness 

immunity requests to the Department of 

Justice, in connection with judicial 

proceedings, to compel testimony or the 

production of other information by 

witnesses who have provided or have 

the potential to provide substantial 

assistance in the Commission’s 

investigations and related enforcement 

actions. See 75 FR 3122 (January 19, 

2010). This delegation is intended to 

further conserve Commission resources, 

enhance the Division’s ability to detect 

violations of the Federal securities laws, 

increase the effectiveness and efficiency 

of the Division’s investigations, and 

improve the success of the 

Commission’s enforcement actions. 

Notwithstanding anything in the 

foregoing, in any case in which the 

Director believes it appropriate, the 

Director may submit the matter to the 

Commission. The Commission is 

adopting this amendment for a period of 

18 months, and, at the end of that 

period, will evaluate whether to extend 

the delegation to issue immunity orders. 

The Commission finds, in accordance 

with the Administrative Procedure Act 

(‘‘APA’’) (5 U.S.C. 553(b)(3)(A)), that 

this revision relates solely to agency 

organization, procedures, or practices. It 

is therefore not subject to the provisions 

of the APA requiring notice and 

opportunity for comment. Accordingly, 

it is effective June 17, 2011. 

List of Subjects in 17 CFR Part 200 

Administrative practice and 

procedure, Authority delegations 

(Government agencies). 

For the reasons set out in the 

preamble, Title 17, Chapter II of the 

Code of Federal Regulations is amended 

as follows: 

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