This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

48615 

Vol. 75, No. 154 

Wednesday, August 11, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0779; Directorate 

Identifier 2009–SW–84–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France (ECF) Model AS350B3 and 

EC130 B4 Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

specified ECF model helicopters. This 

proposed AD results from a mandatory 

continuing airworthiness information 

(MCAI) AD issued by the European 

Aviation Safety Agency (EASA), which 

is the Technical Agent for the Member 

States of the European Community. The 

MCAI AD states that a dormant failure 

of one of the two contactors 53Ka or 

53Kb can occur following certain 

modifications. Failure of a contactor can 

prevent switching from ‘‘IDLE’’ mode to 

‘‘FLIGHT’’ mode during autorotation 

training making it impossible to execute 

a power recovery and compelling the 

pilot to continue the autorotation to the 

ground. This condition, if not corrected, 

can lead to an unintended touchdown to 

the ground during a practice 

autorotation at a flight-idle power 

setting, damage to the helicopter, and 

injury to the occupants. 

DATES: We must receive comments on 

this proposed AD by September 10, 

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 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 proposed 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 proposed 

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 proposal. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

DOT/FAA Southwest Region, Ed 

Cuevas, ASW–112, Aviation Safety 

Engineer, Rotorcraft Directorate, Safety 

Management Group, 2601 Meacham 

Blvd., Fort Worth, Texas 76137, 

telephone (817) 222–5355, fax (817) 

222–5961. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

data, views, or arguments about this 

proposed AD. Send your comments to 

an address listed in the ADDRESSES

section of this proposal. Include ‘‘Docket 

No. FAA–2010–0779; Directorate 

Identifier 2009–SW–84–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this proposed AD. We will consider all 

comments received by the closing date 

and may amend this proposed AD based 

on 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 proposed AD. 

Discussion 

EASA, which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD No. 

2009–0256, dated December 2, 2009, to 

correct an unsafe condition for the 

specified Eurocopter model helicopters. 

The MCAI AD states that analysis 

shows a dormant failure of one of the 

two contactors 53Ka or 53Kb can occur 

following the modification of the Model 

AS350B3 by MOD 073254 and 

modification of the Model EC130 B4 by 

MOD 073773. Failure of a contactor can 

prevent switching from ‘‘IDLE’’ mode to 

‘‘FLIGHT’’ mode during autorotation 

training making it impossible to execute 

a power recovery and compelling the 

pilot to continue the autorotation to the 

ground. This condition, if not corrected, 

can lead to an unintended touchdown to 

the ground during a practice 

autorotation at a flight-idle power 

setting, damage to the helicopter, and 

injury to the occupants. 

You may obtain further information 

by examining the MCAI AD and any 

related service information in the AD 

docket. 

Related Service Information 

ECF has issued Alert Service Bulletin 

(ASB) No. 05.00.61 for the Model 

AS350B3 helicopters and ASB No. 

05A009, for the Model EC130 B4 

helicopters. Both ASB’s are dated 

November 16, 2009. Both ASBs specify 

a functional check of the two contactors 

53Ka and 53Kb, which are used to 

switch from ‘‘IDLE’’ mode to ‘‘FLIGHT’’ 

mode or vice versa. The ASBs also 

specify repetitive checking of the 

contactors for correct opening and 

closing to detect this dormant failure. 

ECF states that it will be preparing a 

modification, which will cancel the 

ASBs, in the very near future. Once the 

manufacturer develops corrective 

terminating actions, we anticipate 

further rulemaking. 

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 


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48616 Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Proposed Rules 

of the unsafe condition described in the 

MCAI AD. We are proposing 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. This proposed 

AD would require, before the next 

autorotation training or on or before 100 

hours time-in-service (TIS), whichever 

occurs first, and thereafter at intervals 

not to exceed 600 hours TIS, inspecting 

the pilot’s and co-pilot’s throttle twist 

grips for proper operation of the 

contactors, which provide for changes 

between the ‘‘IDLE and ‘‘FLIGHT’’ 

positions of the throttle twist grip 

control. 

Differences Between This AD and the 

MCAI AD 

We refer to flying hours as hours TIS. 

Also, we refer to maintenance actions as 

inspections rather than checks. 

Costs of Compliance 

We estimate that this proposed AD 

would affect about 116 of the Model 

EC130B4 helicopter and 231 of the 

Model AS350 B3 helicopters for a total 

of 347 helicopters of U.S. registry. We 

also estimate that it would take about 1⁄2

work-hour to inspect each helicopter 

and 1⁄2 work-hour to replace a 

microswitch. The average labor rate is 

$85 per work-hour. Required parts 

would cost about $538 for the T3933– 

3 microswitch. Based on these figures, 

we estimate the cost of the proposed AD 

on U.S. operators would be $21,714, 

assuming 4 microswitches are replaced 

on the Model EC130 B4 helicopters and 

8 microswitches are replaced on the 

Model AS350B3 helicopters. 

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 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. 

Therefore, I certify this proposed 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 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 AD: 

Eurocopter France: Docket No. FAA–2010– 

0779; Directorate Identifier 2009–SW– 

84–AD. 

Comments Due Date 

(a) We must receive your comments by 

September 10, 2010. 

Other Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model EC130 B4 and 

AS350B3 helicopters, certificated in any 

category, with the ARRIEL 2B1 engine with 

the two-channel Full Authority Digital 

Engine Control (FADEC), and with new twist 

grip modification (MOD) 073254 for the 

Model AS350B3 helicopter or MOD 073773 

for the Model EC130 B4 helicopter, installed. 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) AD states 

that analysis shows a ‘‘dormant failure’’ of 

one of the two contactors, 53Ka or 53Kb, can 

occur following the introduction of MOD 

073254 or MOD 073773. Failure of a 

contactor can prevent switching from ‘‘IDLE’’ 

mode to ‘‘FLIGHT’’ mode during autorotation 

training making it impossible to recover from 

the practice autorotation and compelling the 

pilot to continue the autorotation to the 

ground. This condition, if not corrected, can 

lead to an unintended touchdown to the 

ground at a flight-idle power setting during 

a practice autorotation, damage to the 

helicopter, and injury to the occupants. 

Actions and Compliance 

(e) Before the next practice autorotation or 

on or before 100 hours time-in-service (TIS), 

whichever occurs first, unless accomplished 

previously, and thereafter at intervals not to 

exceed 600 hours TIS: 

(1) Inspect for the proper operation of 

contactors 53Ka and 53Kb by rotating the 

pilot and co-pilot throttle twist grip controls 

between the ‘‘IDLE’’ and ‘‘FLIGHT’’ position in 

accordance with the Accomplishment 

Instructions, paragraph 2.B.2, of Eurocopter 

Alert Service Bulletin (ASB) No. 05.00.61, 

dated November 16, 2009, for the Model 

AS350B3 helicopters or ASB No. 05A009, 

dated November 16, 2009, for the Model 

EC130 B4 helicopters, as appropriate for your 

model helicopter. 

(2) Test the pilot and co-pilot throttle twist 

grip controls for proper functioning. If the 

throttle twist grip controls are not 

functioning properly, repair the controls. 

Differences Between This AD and the MCAI 

AD 

(f) We refer to flight hours as hours TIS. 

Also, we refer to maintenance actions as 

inspections rather than checks. 

Other Information 

(g) Alternative Methods of Compliance 

(AMOCs): The Manager, Safety Management 

Group, ATTN: DOT/FAA Southwest Region, 

Ed Cuevas, ASW–112, Aviation Safety 

Engineer, Rotorcraft Directorate, Safety 

Management Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137, telephone (817) 

222–5355, 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) MCAI AD No. 2009–0256, dated 

December 2, 2009, contains related 

information. 

Joint Aircraft System/Component (JASC) 

Code 

(i) The JASC Code is 7697: Engine Control 

System Wiring. 

Issued in Fort Worth, Texas, on August 3, 

2010. 

Scott A. Horn, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–19814 Filed 8–10–10; 8:45 am] 

BILLING CODE 4910–13–P 


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