[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Rules and Regulations]
[Pages 28478-28480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11420]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0489; Directorate Identifier 2009-SW-78-AD; 
Amendment 39-16294; AD 2010-10-15]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France (ECF) Model AS332L1 
and AS332L2 Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
specified ECF model helicopters. This 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 with 
certain pilot and copilot seats in the rear high position and seat 
backrest fully tilted the seat shoulder harness could become jammed 
between the seat and bulkhead. This condition, if not corrected, could 
result in the shoulder harness binding and causing the inertial reel to 
malfunction and no longer retain the flight crew member in the seat in 
the event of an emergency or hard landing.

DATES: This AD becomes effective on June 7, 2010.
    The incorporation by reference of certain publications is approved 
by the Director of the Federal Register as of June 7, 2010.
    We must receive comments on this AD by July 20, 2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting your 
comments electronically.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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: DOT/FAA Southwest Region, Gary Roach, 
ASW-111, Aviation Safety Engineer, Rotorcraft Directorate, Regulations 
and Guidance Group, 2601 Meacham Blvd., Fort Worth, Texas 76137, 
telephone (817) 222-5130, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: 

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Community, has issued AD No. 2009-0227-E, dated October 22, 
2009, to correct an unsafe condition for the specified Eurocopter model 
helicopters.
    The MCAI AD states that certain pilot and copilot customized seats 
that have rails with the rear stop moved aft in the

[[Page 28479]]

full backward position interfere with bulkhead X1715. Tests revealed 
that when an affected seat is in the rear high position and the seat 
backrest is fully tilted, there is a risk of the shoulder harness 
jamming between the seat and bulkhead X1715, which may prevent the 
inertial reel from reeling the shoulder harness in. This condition, if 
not corrected, could result in the shoulder harness binding and causing 
the inertial reel to malfunction and no longer retain the flight crew 
member in the seat in the event of an emergency or hard landing.
    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 one Emergency Alert Service Bulletin (EASB) with two 
different numbers, both dated October 19, 2009. EASB No. 25.02.20 is 
for the Model AS332L1 and L2, and No. 25.01.35 is for the non-FAA type 
certificated Model AS532U2 military helicopters. The EASB specifies 
relocating the rear stops of the pilot and copilot seats because of 
potential interference between the seat shoulder harness and bulkhead 
X1715. The actions described in the MCAI AD are intended to correct the 
same unsafe condition as that identified in the service information.

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 of the unsafe condition described in 
the MCAI 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 these same 
type designs.

Differences Between This AD and the MCAI AD

    We refer to flight hours as hours time-in-service.

Costs of Compliance

    We estimate that this AD will affect about 3 helicopters of U.S. 
registry. We also estimate that it will take about \l/2\ work-hour per 
helicopter to modify both the seat rails. The average labor rate is $85 
per work-hour with negligible cost for parts. Based on these figures, 
we estimate the cost of this AD on U.S. operators will be $128 for the 
entire fleet.

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 of the short 
time frame required to modify the seat rails to prevent a seat shoulder 
harness jamming and resulting in further injury to a crewmember in an 
emergency or hard landing. 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-2010-
0489; Directorate Identifier 2009-SW-78-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 helicopters 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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-10-15 Eurocopter France: Amendment 39-16294. Docket No. FAA-
2010-0489; Directorate Identifier 2009-SW-78-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on June 
7, 2010.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model AS332L1 and AS332L2 helicopters, 
certificated in any category, with the customized ``rails with the 
rear stop moved aft'' rail assemblies, part number (P/N) 332P76-
9012-02 or P/N 332P76-9012-03, installed, but without modification 
(MOD) 332V080210.00.

[[Page 28480]]

Reason

    (d) The mandatory continuing airworthiness information (MCAI) AD 
states that with certain pilot and copilot seats in the rear high 
position and seat backrest fully tilted the seat shoulder harness 
could become jammed between the seat and bulkhead X1715 adversely 
affecting the strap tension and potentially disabling the proper 
function of the inertial reel. This condition, if not corrected 
could result in the shoulder harness no longer retaining the flight 
crew member in the seat in the event of an emergency or hard 
landing.

Actions and Compliance

    (e) Within 15 hours time-in-service (TIS), modify the pilot and 
copilot seats by relocating the rail rear stops to the position 
depicted in Figure 2, ``without the `rail with the rear stop moved 
aft' customization'' or ``Post-Mod 332V080210.00.'' Do the 
modification by following the Operational Procedure, of the 
Accomplishment Instructions, paragraph 2.B.1., of Eurocopter 
Emergency Alert Service Bulletin (EASB) No. 25.02.20, dated October 
19, 2009. After modifying the position of the rear stop, identify 
the modification (MOD) using indelible ink and marking 
``MOD332V080210.00'' on the left rail at the rear stop.

    Note: The one Eurocopter EASB contains two different service 
bulletin numbers (Nos. 25.02.20 and 25.01.35) applicable to two 
different Eurocopter model helicopters. EASB No. 25.02.20 relates to 
Eurocopter Model AS332L1 and L2 helicopters. EASB No. 25.01.35 
relates to Eurocopter Model AS532U2 military helicopters that are 
not type certificated in the United States.

    (f) After the effective date of this AD, do not install a pilot 
or copilot left seat rail, P/N 332P76-9012-02 or P/N 332P76-9012-03, 
on a helicopter unless it has been modified and reidentified by 
following paragraph (e) of this AD.

Differences Between This AD and the MCAI AD

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

Other Information

    (h) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, ATTN: DOT/FAA Southwest Region, Gary Roach, 
ASW-111, Aviation Safety Engineer, Rotorcraft Directorate, 
Regulations and Guidance Group, 2601 Meacham Blvd., Fort Worth, 
Texas 76137, telephone (817) 222-5130, 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

    (i) The European Aviation Safety Agency MCAI AD No. 2009-0227-E, 
dated October 22, 2009, contains related information.

Joint Aircraft System/Component (JASC) Code

    (j) The JASC Code is 5347: Seat/Cargo Attach Fittings.

Material Incorporated by Reference

    (k) You must use the specified portions of Eurocopter Emergency 
Alert Service Bulletin No. 25.02.20, dated October 19, 2009, 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 (800) 232-0323, fax (972) 641-3710, or at 
http://www.eurocopter.com.
    (3) You may review copies at the FAA, Office of the Regional 
Counsel, Southwest Region, 2601 Meacham Blvd, Fort Worth, TX 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 April 29, 2010.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-11420 Filed 5-20-10; 8:45 am]
BILLING CODE 4910-13-P