Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Rules and Regulations 55447 

for every task relevant to the phase of 

flight. 

4. Compliance with these special 

conditions will enable the EFVS to be 

used during instrument approaches in 

accordance with 14 CFR 91.175(l) such 

that it may be found acceptable for the 

following intended functions: 

a. Presenting an image that would aid 

the pilot during a straight-in instrument 

approach. 

b. Enabling the pilot to determine the 

‘‘enhanced flight visibility,’’ as required 

by § 91.175(l)(2), for descent and 

operation below MDA and DH. 

c. Enabling the pilot to use the EFVS 

imagery to detect and identify the 

‘‘visual references for the intended 

runway,’’ required by § 91.175(l)(3), to 

continue the approach with vertical 

guidance to 100-feet height above 

touchdown-zone elevation. 

5. Use of EFVS for instrumentapproach operations must be in 

accordance with the provisions of 

§ 91.175(l) and (m). Appropriate 

limitations must be stated in the 

Operating Limitations section of the 

Airplane Flight Manual to prohibit the 

use of the EFVS for functions that have 

not been found to be acceptable. 

Issued in Renton, Washington, on October 

9, 2009. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–25493 Filed 10–27–09; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting your 

comments electronically. 

• 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 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 


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55448 Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Rules and Regulations 

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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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: 

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 


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Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Rules and Regulations 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–1253; Airspace 

Docket No. 08–ANE–103] 

Establishment of Class E Airspace; 

Nantucket, MA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E Airspace at Nantucket Memorial 

Airport, Nantucket, MA, by establishing 

Class E Surface airspace designated as 

an extension to Class D airspace. This 

action will encompass the new Standard 

Instrument Approach Procedures 

(SIAPs) and enhance the safety and 

management of Instrument Flight Rules 

(IFR) around the Nantucket Memorial 

Airport, MA. 

DATES: Effective 0901 UTC, February 11, 

2010. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Daryl Daniels, Airspace Specialist, 

Operations Support Group, Eastern 

Service Center, Air Traffic Organization, 

Federal Aviation Administration, P.O. 

Box 20636, Atlanta, Georgia 30320; 

telephone (404) 305–5581. 

SUPPLEMENTARY INFORMATION: 

History 

On February 12, 2009, the FAA 

proposed to amend Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

establishing the Class E airspace 

extending upward from the surface at 

Nantucket Memorial Airport, Nantucket, 

MA (74 FR 7011). Interested parties are 

invited to participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No comments objecting to the proposal 

were received. 

Class E surface airspace designations 

as extensions to Class D (Class E4 

airspace) are published in Paragraph 

6004 of FAA Order 7400.9T, signed 

August 27, 2009, and effective 

September 15, 2009, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes Class E airspace at 

Nantucket, MA. This action provides 

adequate Class E airspace (IFR) 

operations at Nantucket Memorial 

Airport. Area Navigation (RNAV) Global 

Positioning System (GPS) (SIAPs) have 

been developed for Nantucket Memorial 

Airport, and as a result, Class E surface 

airspace is required to the northeast of 

the airport, designated as an extension 

of the Class D surface area. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, 

would not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR Part 71 as follows: 

PART 71—[AMENDED] 

■ 1. The authority citation for Part 71 

will continue to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 14, 2009, is amended as 

follows: 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D 

Surface Area. 

* * * * * 

ANE MA E4 Nantucket, MA [NEW] 

Nantucket Memorial Airport, MA 

(Lat. 41°15′11′′ N., long. 70°03′37′′ W.) 

That airspace extending upward from the 

surface of the Earth within 1.5 mile either 

side of the 045° bearing from the Nantucket 

Memorial Airport extending from the 4.2 

mile radius to 12.6 miles Northeast of the 

airport. This Class E Surface airspace area is 

effective during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective dates and times will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Issued in College Park, Georgia, on October 

15, 2009. 

Michael Vermuth, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. E9–25500 Filed 10–27–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0653; Airspace 

Docket 09–ASO–22] 

Modification of Class E Airspace; 

Anniston, AL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, request for 

comments. 

SUMMARY: This action modifies the Class 

E airspace at Anniston Metropolitan 

Airport in Anniston, AL. After a new 

RNAV (GPS) Z approach was developed 

for Runway 23, it was determined that 

the Class E airspace at the airport 

should be modified to facilitate a more 

efficient operation. This rule increases 


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