[Federal Register Volume 74, Number 207 (Wednesday, October 28, 2009)]
[Rules and Regulations]
[Pages 55447-55449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25441]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0952; Directorate Identifier 2009-SW-04-AD; 
Amendment 39-16055; AD 2009-22-04]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France (ECF) Model EC 155B 
and EC155B1 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 
freezing of the route display on the navigation display (ND) in the 
Sector mode occurs for flight plans that include procedures in the 
terminal zone (departure or arrival). The MCAI AD prohibits the use of 
the UNS-1D navigation system (also known as the Flight Management 
System (FMS)) for Standard Instrument Departure (SID), Standard 
Instrument Terminal Arrival Route (STAR), and instrument approach 
procedures. The actions are intended to prevent the flight crew from 
relying on a frozen route ND, unanticipated increases in flight crew 
workload, pilot confusion in the terminal airspace environment, and 
subsequent loss of control of the helicopter.

DATES: This AD becomes effective on November 12, 2009.
    We must receive comments on this AD by December 28, 2009.

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, George 
Schwab, ASW-111, Aviation Safety Engineer, Rotorcraft Directorate, 
Safety Management Group, 2601 Meacham Blvd., Fort Worth, Texas 76137, 
telephone (817) 222-5114, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Community, has issued EASA AD No. 2009-0035-E, dated February 
18, 2009, to correct an unsafe condition for the Model EC 155 B and B1 
helicopters.
    The route display on the ND in the Sector mode is no longer 
refreshed if the flight plan, processed and transmitted by the UNS-1D 
FMS, contains a procedure that includes a holding pattern or a Distance 
Measurement Equipment arc. Only the route display on the ND in the 
Sector mode is affected. The navigation and guidance parameter displays 
on the ND, the flight plan display on the UNS-1D, and the coupling to 
the autopilot are not affected. Freezing of the route display only 
occurs for flight plans that include procedures in the terminal zone 
(departure and arrival). If not corrected, unanticipated freezing of 
the route display during operations under IFR conditions, particularly 
during instrument meteorological conditions, would result in a 
significant increase in flight crew workload, causing pilot confusion 
in the more crowded terminal airspace environment and affecting the 
safety of the helicopter and its occupants. For those reasons, the MCAI 
AD prohibits the use of the UNS-1D navigation system for SID and STAR 
procedures. The Rotorcraft Flight Manual (RFM) currently prohibits the 
use of the GPS for approach procedures.
    You may obtain further information by examining the MCAI AD and any 
related service information in the AD docket.

Related Service Information

    Eurocopter has issued an Emergency Alert Service Bulletin No. 
04A008, dated February 17, 2009. The service information specifies 
prohibiting the use of the UNS-1D navigation system for SID and STAR 
and for instrument approach procedures. 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 agent, has 
notified us of the unsafe condition described in the MCAI

[[Page 55448]]

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 state the actions in this AD rather than referencing the 
Eurocopter Emergency Alert Service Bulletin for installing the placard. 
Also, we allow the limitations to be made by making pen and ink changes 
to the Limitations section of the RFM.

Costs of Compliance

    We estimate that this AD will affect about 5 helicopters of U.S. 
registry. We also estimate that it will take about \1/4\ work-hour per 
helicopter to install the placard and amend the RFM. The average labor 
rate is $80 per work-hour. Required parts will cost about $5 per 
helicopter. Based on these figures, we estimate the cost of this AD on 
U.S. operators will be $125.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. We find the risk to the flying public justifies waiving notice 
and comment prior to adopting this rule because of the short compliance 
time and the failure of the ND display in the Sector mode that would 
likely result in a significant increase in flight crew workload, pilot 
confusion, and subsequent loss of control of the helicopter. 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-2009-
0952; Directorate Identifier 2009-SW-04-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 product(s) 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, 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:

2009-22-04 Eurocopter France: Amendment 39-16055. Docket No. FAA-
2009-0952; Directorate Identifier 2009-SW-04-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on 
November 12, 2009.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model EC 155B and EC155B1 helicopters, 
all serial numbers, with the UNS-1D navigation system installed, 
certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) AD 
states that freezing of the route display on the navigation display 
in the Sector mode of the UNS-1D Flight Management System occurs 
when flight plans include procedures in the terminal zone (departure 
or arrival).

Actions and Compliance

    (e) Before further flight, unless already accomplished, do the 
following:
    (1) Make pen and ink changes, or insert a copy of this AD or an 
amended copy of Rotorcraft Flight Manual Supplement (RFM) 58 into 
the operating limitations section of the RFM with the following 
limitation: ``USING FMS FOR SIDS, STARS AND INSTRUMENT APPROACHES IS 
PROHIBITED.''
    (2) Make a placard with black letters on white background with 
the following wording: ``USING FMS FOR SIDS, STARS AND INSTRUMENT 
APPROACHES IS PROHIBITED.'' Install the placard on the console in 
place of the placard ``USING GPS FOR INSTRUMENT APPROACHES IS 
PROHIBITED.''

Differences Between This AD and the MCAI AD

    (f) We state the actions in this AD rather than referencing the 
Emergency Alert Service Bulletin for installing the placard. Also, 
we allow the limitations to be made by making pen and ink changes to 
the Limitations section of the RFM.

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, ATTN: DOT/FAA Southwest Region, George 
Schwab, ASW-111, Aviation Safety Engineer, Rotorcraft Directorate, 
2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-
5114, fax (817) 222-5961, has the authority to approve AMOCs

[[Page 55449]]

for this AD, if requested using the procedures found in 14 CFR 
39.19.
    (h) Ferry flight permits are not permitted.

Related Information

    (i) European Aviation Safety Agency (EASA) MCAI AD No. 2009-
0035-E, dated February 18, 2009, and Eurocopter Emergency Alert 
Service Bulletin 04A008, dated February 17, 2009, contain related 
information.

Joint Aircraft System/Component (JASC) Tracking Code

    (j) JASC Code 3460 Navigation--UNS-1D Navigation System--
Limitation.

    Issued in Fort Worth, Texas, on September 16, 2009.
Larry M. Kelly,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-25441 Filed 10-27-09; 8:45 am]
BILLING CODE 4910-13-P