54498 Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Proposed Rules 

Issued in Fort Worth, Texas, on October 8, 

2009. 

Larry M. Kelly, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–25439 Filed 10–21–09; 8:45 am] 

BILLING CODE 4910–13–C 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0987; Directorate 

Identifier 2009–CE–054–AD] 

RIN 2120–AA64 

Airworthiness Directives; AeroSpace 

Technologies of Australia Pty Ltd 

Models N22B, N22S, and N24A 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above that would 

supersede an existing AD. 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: 

Late in 2002 the manufacturer advised 

CASA of another Nomad accident which was 

possibly caused by aileron flutter with the 


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Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Proposed Rules 54499 

flaps at 38 degrees. This, along with the other 

flutter incidents, has resulted in the 

manufacturer issuing ANMD–57–18 Issue 1 

as a precautionary measure while they 

further investigate the issue. 

The manufacturer has now completed their 

investigation and issued Alert Service 

Bulletin ANMD–27–53 to modify flap 

actuation linkages to restore the necessary 

rigidity to the outboard flap, and hence the 

aileron. The unacceptable flexibility of the 

outboard flap mechanism allows flutter to 

occur in extreme circumstances. 

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 December 7, 2009. 

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. 

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: 

Doug Rudolph, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4059; fax: (816) 329–4090; e-mail: 

doug.rudolph@faa.gov. 

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–2009–0987; Directorate Identifier 

2009–CE–054–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:// 

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 

On October 13, 2006, we issued AD 

2006–21–12, Amendment 39–14797 (71 

FR 61636; October 19, 2006). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 2006–21–12, the 

manufacturer completed their flutter 

investigation and issued Nomad Alert 

Service Bulletin ANMD–27–53, dated 

February 20, 2008, to modify flap 

actuation linkages. This modification 

restores the necessary rigidity to the 

outboard flap, and hence the aileron. 

The Civil Aviation Safety Authority, 

which is the aviation authority for 

Australia, has issued AD number AD/ 

GAF–N22/69 Amdt 6, dated September 

10, 2009 (referred to after this as ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

Late in 2002 the manufacturer advised 

CASA of another Nomad accident which was 

possibly caused by aileron flutter with the 

flaps at 38 degrees. This, along with the other 

flutter incidents, has resulted in the 

manufacturer issuing ANMD–57–18 Issue 1 

as a precautionary measure while they 

further investigate the issue. 

The manufacturer has now completed their 

investigation and issued Alert Service 

Bulletin ANMD–27–53 to modify flap 

actuation linkages to restore the necessary 

rigidity to the outboard flap, and hence the 

aileron. The unacceptable flexibility of the 

outboard flap mechanism allows flutter to 

occur in extreme circumstances. 

This amendment mandates Alert Service 

Bulletin ANMD–27–53, which requires 

modifications to the aircraft, but terminates 

the limitations imposed by earlier 

amendments. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

AeroSpace Technologies of Australia 

Pty Ltd has issued Nomad Alert Service 

Bulletin ANMD–27–53, dated February 

20, 2008. 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. 

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 15 products of U.S. registry. 

We also estimate that it would take 

about 73 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost about $15,100 per 

product. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $314,100, or $20,940 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 


dcolon on DSK2BSOYB1PROD with PROPOSALS
54500 Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Proposed Rules 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by 

removing Amendment 39–14797 (71 FR 

61636; October 19, 2006), and adding 

the following new AD: 

AeroSpace Technologies of Australia Pty 

Ltd: Docket No. FAA–2009–0987; 

Directorate Identifier 2009–CE–054–AD. 

Comments Due Date 

(a) We must receive comments by 

December 7, 2009. 

Affected ADs 

(b) This AD supersedes AD 2006–21–12 

Amendment 39–14797. 

Applicability 

(c) This AD applies to Models N22B, N22S, 

and N24A airplanes, all serial numbers, 

including airplanes with float/amphibian 

configuration, certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Late in 2002 the manufacturer advised 

CASA of another Nomad accident which was 

possibly caused by aileron flutter with the 

flaps at 38 degrees. This, along with the other 

flutter incidents, has resulted in the 

manufacturer issuing ANMD–57–18 Issue 1 

as a precautionary measure while they 

further investigate the issue. 

The manufacturer has now completed their 

investigation and issued Alert Service 

Bulletin ANMD–27–53 to modify flap 

actuation linkages to restore the necessary 

rigidity to the outboard flap, and hence the 

aileron. The unacceptable flexibility of the 

outboard flap mechanism allows flutter to 

occur in extreme circumstances. 

This amendment mandates Alert Service 

Bulletin ANMD–27–53, which requires 

modifications to the aircraft, but terminates 

the limitations imposed by earlier 

amendments. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Visually inspect the left-hand and righthand ailerons for damage (i.e., distortion, 

bending, impact marks) and repair or replace 

any damaged aileron found following 

instructions obtained from the typecertificate holder (AeroSpace Technologies of 

Australia Pty Ltd) within the following time: 

(i) For Models N22B and N24A airplanes: 

Inspect within 50 hours time-in-service (TIS) 

after December 23, 2003 (the effective date 

retained from AD 2003–22–13). 

(ii) For Model N22S airplanes: Inspect 

within the next 10 hours TIS after November 

8, 2006 (the effective date retained from AD 

2006–21–12), or within 30 days after 

November 8, 2006 (the effective date retained 

from AD 2006–21–12), whichever occurs 

first. 

(iii) For all airplanes: Repair or replace 

before further flight after the inspection 

where damage is found. 

(2) Adjust the engine power lever actuated 

landing gear ‘‘up’’ aural warning 

microswitches, perform a ground test, and if 

deficiencies are detected during the ground 

test, make the necessary adjustments 

following Nomad Alert Service Bulletin 

ANMD–57–18, Rev 1, dated August 14, 2006, 

within the following time: 

(i) For Models N22B and N24A airplanes: 

Within 50 hours TIS after December 23, 2003 

(the effective date retained from AD 2003– 

22–13), unless already done following 

Nomad Alert Service Bulletin ANMD 57–18, 

dated December 19, 2002. 

(ii) For Model N22S airplanes: Within the 

next 10 hours TIS after November 8, 2006 

(the effective date retained from AD 2006– 

21–12), or within 30 days after November 8, 

2006 (the effective date retained from AD 

2006–21–12), whichever occurs first. 

(3) For all airplanes: Do the following 

within the next 10 hours TIS after the 

effective date of this AD or within 30 days 

after the effective date of this AD, whichever 

occurs first: 

(i) Incorporate the maximum flap extension 

limitations specified in paragraph 2.D. of 

Nomad Alert Service Bulletin ANMD–57–18, 

Rev 1, dated August 14, 2006, into the 

Limitations section of the airplane flight 

manual (AFM). To show compliance with 

this paragraph of this AD, a copy of page 7 

of Nomad Alert Service Bulletin ANMD–57– 

18, Rev 1, dated August 14, 2006, may be 

inserted into the Limitations section of the 

AFM. You may take ‘‘unless already done 

credit’’ for this subparagraph if done in 

accordance with AD 2006–21–12 and no 

further action is required to comply with this 

subparagraph. 

(ii) Fabricate (using at least 1⁄8-inch letters) 

and install placards on the instrument panel 

within the pilot’s clear view as specified in 

paragraph 2.E. of Nomad Alert Service 

Bulletin ANMD–57–18, Rev 1, dated August 

14, 2006. You may take ‘‘unless already done 

credit’’ for this subparagraph if done in 

accordance with AD 2006–21–12 and no 

further action is required to comply with this 

subparagraph. 

(iii) Incorporate the landing performance 

information specified in paragraph 2.F. of 

Nomad Alert Service Bulletin ANMD–57–18, 

Rev 1, dated August 14, 2006, into the 

Limitations section and the Performance 

section of the AFM. 

(4) For all airplanes: Modify the outboard 

forward flap linkage (Modification N953) and 

modify the outboard aft flap (aileron) mass 

balance following Nomad Alert Service 

Bulletin ANMD–27–53, dated February 20, 

2008, within the next 12 months after the 

effective date of this AD. Accomplishment of 

all of the actions specified in Nomad Alert 

Service Bulletin ANMD–27–53, dated 

February 20, 2008, terminates the limitations 

requirements and the placard requirements 

specified in paragraph (f)(3) 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: Doug Rudolph, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4059; fax: (816) 329– 

4090; e-mail: doug.rudolph@faa.gov. 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 


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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, 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 Civil Aviation Safety 

Authority of Australia, AD number AD/GAF– 

N22/69 Amdt 6, dated September 10, 2009, 

Nomad Alert Service Bulletin ANMD–27–53, 

dated February 20, 2008, and Nomad Alert 

Service Bulletin ANMD–57–18, Rev 1, dated 

August 14, 2006, for related information. 

Issued in Kansas City, Missouri, on 

October 15, 2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–25443 Filed 10–21–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0951; Directorate 

Identifier 2007–SW–52–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Model AS350B, BA, B1, B2, B3, 

C, D, D1, AS355E, F, F1, F2, and N 

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 Eurocopter France 

(Eurocopter) 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 

AD MCAI states ‘‘EASA issued 

Airworthiness Directive (AD) 2006– 

0251 and its revisions following a case 

of total failure and a case of a crack 

discovered on the support shaft of the 

sliding door rear roller. Metallurgical 

and metallographic analyses revealed a 

nonconformity concerning the heat 

treatment of the material. Since then, 

other cases of cracks and failures of the 

roller support shaft rear attach fitting 

had been reported. This condition, if not 

corrected, could lead to the loss of the 

sliding door in flight.’’ 

Separation of a sliding door in flight 

creates an unsafe condition because the 

door could come into contact with the 

rotor system. The proposed AD would 

require actions that are intended to 

address this unsafe condition. 

DATES: We must receive comments on 

this proposed AD by November 23, 

2009. 

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, Texas 

75053–4005, telephone (972) 641–3460, 

fax (972) 641–3527. 

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 in the ADDRESSES

section. 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: 

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–2009–0951; Directorate Identifier 

2007–SW–52–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. 

2007–0236, dated August 31, 2007, to 

correct an unsafe condition for specified 

Eurocopter model helicopters. The 

MCAI AD states that EASA issued AD 

2006–0251 and its revisions following a 

case of total failure and a case of a crack 

discovered on the support shaft of the 

sliding door rear roller. Metallurgical 

and metallographic analyses revealed a 

nonconformity concerning the heat 

treatment of the material. Since then, 

other cases of cracks and failures of the 

roller support shaft rear attach fitting 

had been reported. EASA AD No. 2007– 

0236 supersedes EASA AD No. 2006– 

0251R2 but retains the requirements for 

repetitive inspections until replacement 

of current parts with improved parts. 

EASA AD No. 2007–0236 also prohibits 

installation of another roller support 

fitting part number (P/N) 350A25–1270– 

22 on any AS350 or AS355 helicopter. 

You may obtain further information by 

examining the MCAI AD and service 

information in the AD docket. 

Related Service Information 

On July 18, 2006, Eurocopter issued 

Alert Service Bulletin (ASB) No. 

52.00.30 for modifying the AS350 series 

helicopters and ASB No. 52.00.23 for 

modifying the AS355 series helicopters. 

These ASBs contained modifications 

073298 and 073308. The following day, 

Eurocopter issued ASB No. 05.00.45 for 

the AS355 model helicopters and No. 

05.00.47 for the AS350 model 

helicopters, both dated July 19, 2006. 

Later, Eurocopter issued Revision 1 to 

ASB No. 52.00.23 for the AS355 model 

helicopters and No. 52.00.30 for the 

AS350 model helicopters, both dated 

June 29, 2007, to modify the sliding 

door medium roller and fitting. The 

actions described in the MCAI AD are 

intended to correct the same unsafe 

condition as that identified in the 

service information. 


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