[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Proposed Rules]
[Pages 11787-11789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4606]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0177; Directorate Identifier 2009-SW-59-AD]
RIN 2120-AA64
Airworthiness Directives; Eurocopter France Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Eurocopter France Model EC155B and EC155B1 helicopters with a VIP 4-
seat bench. This proposed AD is prompted by the determination that the
load strength of the seat attachment hardware of the seat installation
does not meet certification specifications. The proposed actions are
intended to prevent overloading of the seat structure at the attachment
point during a hard landing or emergency landing, which could result in
the VIP 4-seat bench detaching from the floor and subsequent injury to
the seat occupants.
DATES: We must receive comments on this proposed AD by April 30, 2012.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
Fax: 202-493-2251.
Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
Hand Delivery: Deliver to the ``Mail'' address 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
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 service information identified in this proposed AD, contact
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX
75052, telephone (972) 641-0000 or (800) 232-0323, fax (972) 641-3775,
or at http://www.eurocopter.com/techpub. You may review a copy of the
referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.
FOR FURTHER INFORMATION CONTACT: Gary Roach, Aerospace Engineer, FAA,
Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas
76137; telephone: (817) 222-5130; fax: (817) 222-5961, email
[email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are
[[Page 11788]]
filed electronically, commenters should submit only one time.
We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued AD No.
2009-0078R1, dated June 30, 2009 (AD No. 2009-0078R1), which supersedes
Emergency AD No. 2009-0078-E, dated April 1, 2009 (AD No. 2009-0078-E),
to correct an unsafe condition for the Eurocopter model EC155B and
EC155B1, all serial numbers up to and including 6892, fitted with a VIP
4-seat bench, part number (P/N) 365V85-0045-01 or 365V85-0046-01. EASA
advises that Eurocopter identified an unsafe condition while performing
customization work that involved the installation of the VIP 4-seat
bench. During the installation work, Eurocopter determined that the
load strength of the seat attachment hardware of the seat installation
did not meet certification specifications. EASA advises that this
condition, if not corrected, would lead to overloading of the seat
structure at the attachment point during an emergency landing, which
could result in the seat bench detaching from the floor fitting rails
and potentially resulting in injury to the seat occupants.
FAA's 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, its technical
representative, has notified us of the unsafe condition described in
their AD. We are proposing 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 products of these same type
designs.
Related Service Information
Eurocopter has issued Emergency Alert Service Bulletin (ASB) No.
04A009, Revision 1, dated June 24, 2009 (Emergency ASB No. 04A009R1)
which revises Emergency Alert Service Bulletin No. 04A009, Revision 0,
dated March 30, 2009 (Emergency ASB No. 04A009R0). Emergency ASB No.
04A009R0 specified revising the RFM to restrict the VIP 4-seat bench to
a maximum of 3 occupants. It also specified converting the VIP 4-seat
bench into a 3-seat bench at ``the next flight-related inspection
scheduled at 15 hours or 7 days,'' whichever occurred first. EASA
classified Emergency ASB No. 04A009R0 as mandatory to ensure the
continued airworthiness of these helicopters and issued EASA Emergency
AD No. 2009-0078-E.
Eurocopter has now developed optional terminating action.
Eurocopter issued ASB No. 25-095, dated June 25, 2009 (ASB No. 25-095)
that specifies installing new shims between the attachment rails and
the cabin floor at the seat position to strengthen the attachment
security of the seat using a rear VIP bench seat retrofit kit, P/N
365V08-0079-0171, or front VIP bench seat retrofit kit, P/N 365V08-
0079-0271. Eurocopter also issued Emergency ASB No. 04A009R1, which
retained the requirements of Emergency ASB No. 04A009R0, and also
specified that helicopters equipped with the bench modification kits in
accordance with ASB No. 25-095 had met the requirements of Emergency
ASB No. 04A009R1. In response, EASA issued AD No. 2009-0078R1, which
retained the requirements of Emergency AD No. 2009-0078-E, and added
the optional terminating action of modifying the seat configuration to
strengthen the attachment security of the seat using the bench
modification kit. EASA also stated that after installing the bench
modification kit, you could remove the RFM limitation of 3 occupants
and reconfigure the 3-seat bench to a 4-seat bench.
Proposed AD Requirements
This proposed AD would require the following actions:
Before further flight, revise the Limitations section of
the RFM by inserting the following statement into the Limitations
section: ``The VIP 4-seat bench, P/N 365V85-0045-01 or 365V85-0046-01,
is limited to 3 passengers.'' The change to the Limitations section of
the RFM may be made in pen and ink, or by inserting a copy of the AD
into the Limitations section of the RFM.
Within the next 15 hours time-in-service (TIS), convert
the VIP 4-seat bench into a 3-seat configuration.
Instead of revising the Limitations section of the RFM and
converting the VIP 4-seat bench into a 3-seat configuration, you may
modify the rear VIP 4-seat bench by installing the shims contained in
kit P/N 365V08-0079-0171 (which corresponds to modification 365V08-
0079-01), or the front VIP 4-seat bench by installing the shims
contained in kit P/N 365V08-0079-0271 (which corresponds to
modification 365V08-0079-02). This action constitutes terminating
action for the requirements of this proposed AD.
Differences Between This Proposed AD and the EASA AD
This proposed AD specifies that the conversion of the VIP 4-seat
bench to a 3-seat bench must occur within 15 hours TIS, while the EASA
AD specifies that compliance must occur within 15 hours TIS or 7 days,
whichever occurs first. This proposed AD uses different P/Ns for the
bench modification kits, because AD No. 2009-0078R1 and ASB No. 25-095
use different P/Ns for the same part, and this proposed AD uses the P/N
in ASB No. 25-095.
Costs of Compliance
We estimate that this proposed AD would affect 4 helicopters of
U.S. registry. We estimate that it would take a negligible amount of
work hours per helicopter to amend the Limitation section of the
applicable RFM. We estimate it would take approximately 0.25 hour to
convert the VIP 4-seat bench to a 3-seat bench at an average labor rate
of $85 per work hour. Estimated labor costs for the conversion are
approximately $21.25 per helicopter, and approximately $85 for the
fleet. Based on these figures, we estimate the total cost impact of the
proposed AD on U.S. operators to be $85, assuming that no helicopter
has been previously modified with the rear VIP bench seat retrofit kit
P/N 365V08-0079-0171 and the front VIP bench seat retrofit kit P/N
365V08-0079-0271.
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
[[Page 11789]]
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, 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);
3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
4. 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 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
Airworthiness Directive (AD):
EUROCOPTER FRANCE: Docket No. FAA-2012-0177; Directorate Identifier
2009-SW-59-AD.
(a) Applicability
This AD applies to Model EC155B and EC155B1 helicopters, all
serial numbers up to and including 6892, with a VIP 4-seat bench,
part number (P/N) 365V85-0045-01 or 365V85-0046-01, installed;
certificated in any category.
(b) Unsafe Condition
This AD defines the unsafe condition as possible overloading of
the seat structure at the attachment point during a hard landing or
emergency landing. This condition could result in the bench seat
detaching from the floor and subsequent injury to the seat
occupants.
(c) Compliance
You are responsible for performing each action required by this
AD within the specified compliance time unless accomplished
previously.
(d) Required Actions
(i) Before further flight, revise the Limitations section of the
Rotorcraft Flight Manual (RFM) by inserting the following statement
into the Limitations section: ``The VIP 4-seat bench, P/N 365V85-
0045-01 or 365V85-0046-01 is limited to 3 passengers.'' You may make
the change to the Limitations section of the RFM in pen and ink, or
by inserting a copy of this AD into the Limitations section of the
RFM.
(ii) Within the next 15 hours time-in-service, convert the VIP
4-seat bench into the 3-seat configuration in accordance with
paragraphs 2.B.1 through 2.B.3 and Figure 1 of Eurocopter Emergency
Alert Service Bulletin No. 04A009, Revision 1, dated June 24, 2009.
(iii) Instead of complying with paragraphs (d)(i) and (d)(ii) of
this AD, you may modify the rear VIP 4-seat bench by installing the
shims contained in rear VIP bench seat retrofit kit, P/N 365V08-
0079-0171 (which corresponds to modification 365V08-0079-01), or the
front VIP 4-seat bench by installing the shims contained in front
VIP bench seat retrofit kit, P/N 365V08-0079-0271 (which corresponds
to modification 365V08-0079-02), in accordance with the Operational
Procedure, paragraph 2.B. of the Eurocopter Alert Service Bulletin
No. 25-095, dated June 25, 2009. Modifying the VIP 4-seat bench
constitutes terminating action for the requirements of this AD.
(e) Alternative Methods of Compliance (AMOC)
(1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Gary Roach, Aerospace Engineer,
FAA, Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth,
Texas 76137; telephone: (817) 222-5130; fax: (817) 222-5961, email
[email protected].
(2) For operations conducted under a Part 119 operating
certificate or under Part 91, Subpart K, we suggest that you notify
your principal inspector, or lacking a principal inspector, the
manager of the local flight standards district office or certificate
holding district office before operating any aircraft complying with
this AD through an AMOC.
(f) Additional Information
The subject of this AD is addressed in European Aviation Safety
Agency AD No. 2009-0078R1, dated June 30, 2009.
(g) Subject
Joint Aircraft Service Component (JASC) Code: 2500: Cabin
Equipment/Furnishings.
Issued in Fort Worth, Texas, on February 10, 2012.
Lance T. Gant,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-4606 Filed 2-27-12; 8:45 am]
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