[Federal Register Volume 75, Number 176 (Monday, September 13, 2010)]
[Proposed Rules]
[Pages 55492-55494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22775]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / 
Proposed Rules

[[Page 55492]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0891; Directorate Identifier 2009-SW-055-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Models SA330F, 
SA330G, and SA330J Helicopters

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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:

    While adjusting the position of the pedal unit on a SA 330 
helicopter, the copilot set the position beyond the end limit 
(``tall pilot'' position). This resulted in the separation of the 
pedal adjustment system and the pedals rocking forward.
    After investigation, it was determined that the Loctite bond on 
the ``tall pilot'' stop nut was damaged, most likely due to aging of 
the adhesive. The nut came loose and could no longer perform its 
stop function. The threaded rod of the adjustment system separated 
from the system.
    The separation of the adjustment system, if not corrected, could 
result in the loss of control of the pedal units, causing the 
helicopter to begin rotating.

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by October 28, 
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 comments.
    <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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Gary B. Roach, Aerospace Engineer, 
FAA, Rotorcraft Directorate, 2601 Meacham Blvd., Fort Worth, Texas 
76137; telephone: (817) 222-5130; fax: (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0891; 
Directorate Identifier 2009-SW-055-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 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 proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
Emergency AD No.: 2009-0172-E, dated August 5, 2009 (referred to after 
this as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    While adjusting the position of the pedal unit on a SA 330 
helicopter, the copilot set the position beyond the end limit 
(``tall pilot'' position). This resulted in the separation of the 
pedal adjustment system and the pedals rocking forward.
    After investigation, it was determined that the Loctite bond on 
the ``tall pilot'' stop nut was damaged, most likely due to aging of 
the adhesive. The nut came loose and could no longer perform its 
stop function. The threaded rod of the adjustment system separated 
from the system.
    The separation of the adjustment system, if not corrected, could 
result in the loss of control of the pedal units, causing the 
helicopter to begin rotating.
    For the reasons described above, this Emergency AD requires a 
one-time functional test and modification (MOD 330A779820.00) of the 
pedal unit adjustment system.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    EUROCOPTER has issued Emergency Alert Service Bulletin No. 67.18, 
dated August 3, 2009. The actions described in this service information 
are intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

[[Page 55493]]

Differences Between This Proposed AD and the MCAI or Service 
Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 6 products of U.S. 
registry. We also estimate that it would take about 3 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour. Required parts would cost 
about $100 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $2,130, or $355 per product.

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 above, 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); 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 a regulatory 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.


Sec.  39.13  [Amended]

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

EUROCOPTER FRANCE: Docket No. FAA-2010-0891; Directorate Identifier 
2009-SW-055-AD.

Comments Due Date

    (a) We must receive comments by October 28, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to SA330F, SA330G, and SA330J helicopters, 
all serial numbers, certificated in any category, equipped with 
pedal position adjustment system modification (MOD 07.10.304).

Subject

    (d) Air Transport Association of America (ATA) Code 67: Rotors 
Flight Control.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    While adjusting the position of the pedal unit on a SA 330 
helicopter, the copilot set the position beyond the end limit 
(``tall pilot'' position). This resulted in the separation of the 
pedal adjustment system and the pedals rocking forward.
    After investigation, it was determined that the Loctite bond on 
the ``tall pilot'' stop nut was damaged, most likely due to aging of 
the adhesive. The nut came loose and could no longer perform its 
stop function. The threaded rod of the adjustment system separated 
from the system.
    The separation of the adjustment system, if not corrected, could 
result in the loss of control of the pedal units, causing the 
helicopter to begin rotating.
    For the reasons described above, this Emergency AD requires a 
one-time functional test and modification (MOD 330A779820.00) of the 
pedal unit adjustment system.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 10 hours time-in-service after the effective 
date of this AD, do a functional test of the pedal unit adjustment 
system following paragraph 2.B.1 of EUROCOPTER Emergency Alert 
Service Bulletin No. 67.18, dated August 3, 2009.
    (2) If any non-conformity is found, before further flight, 
modify the pedal unit adjustment system following paragraphs 2.B.2, 
2.B.3 or 2.B.4, and 2.B.5 of EUROCOPTER Emergency Alert Service 
Bulletin No. 67.18, dated August 3, 2009 (MOD 330A779820.00).
    (3) If any non-conformity is not found, within 3 months after 
the effective date of this AD, modify the pedal unit adjustment 
system following paragraphs 2.B.2, 2.B.3, and 2.B.5 of the 
EUROCOPTER Emergency Alert Service Bulletin No. 67.18, dated August 
3, 2009 (MOD 330A779820.00).
    (4) If half-bushings are not available when complying with 
paragraph (f)(2) or (f)(3) of this AD, flights are authorized 
without half-bushings for up to 12 months after the effective date 
of this AD.
    (5) After 3 months after the effective date of this AD, do not 
install a pedal position adjustment system, unless it has been 
modified (MOD 330A779820.00) in accordance with the requirements of 
this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Gary B. Roach, Aerospace Engineer, FAA, 
Rotorcraft Directorate, 2601 Meacham Blvd., Fort Worth, Texas 76137; 
telephone: (817) 222-5130; fax: (817) 222-5961. Before using any 
approved AMOC on any airplane to which the AMOC applies, notify your 
appropriate principal inspector (PI) in the FAA Flight Standards 
District Office (FSDO), or lacking a PI, your local FSDO.
    (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

[[Page 55494]]

(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, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) 
Emergency AD No.: 2009-0172-E, dated August 5, 2009; and EUROCOPTER 
Emergency Alert Service Bulletin No. 67.18, dated August 3, 2009, 
for related information.


    Issued in Fort Worth, Texas, on August 25, 2010.
Kimberly K. Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-22775 Filed 9-10-10; 8:45 am]
BILLING CODE 4910-13-P