Airworthiness Directives; Eurocopter Canada Ltd. Model BO 105 LS A-3 Helicopters, 52593-52596 [2011-21472]

Download as PDF srobinson on DSK4SPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Proposed Rules (ii) Operational costs. Costs incurred for the operation of an IS shall be identified and assigned by the State agency to funding sources in accordance with the approved cost allocation plan required by § 277.9 (administrative cost principles). (iii) Service agreement costs. States that operate a central data processing facility shall use their approved central service cost allocation plan required by OMB Circular A–87 (2 CFR part 225) to identify and assign costs incurred under service agreements with the State agency. The State agency shall then distribute these costs to funding sources in accordance with paragraphs (j)(2)(i) and (ii) of this section. (3) Capital expenditures. The State agency shall charge the costs of IT equipment having unit acquisition costs or total aggregate costs, at the time of acquisition, of more than $25,000 by means of depreciation or use allowance, unless a waiver is specifically granted by FNS. If the equipment acquisition is part of an APD that is subject to the prior approval requirements of paragraph (c)(2) of this section, the State agency may submit the waiver request as part of the APD. (4) Claiming costs. Prior to claiming funding under this section the State agency shall have complied with the requirements for obtaining approval and prior approval of paragraph (c) of this section. (5) Budget authority. FNS approval of requests for funding shall provide notification to the State agency of the budget authority and dollar limitations under which such funding may be claimed. FNS shall provide this amount as a total authorization for such funding which may not be exceeded unless amended by FNS. FNS’s determination of the amount of this authorization shall be based on the budget submitted by the State agency. Activities not included in the approved budget, as well as continuation of approved activities beyond scheduled deadlines in the approved plan, shall require FNS approval of an As Needed APD Update as prescribed in paragraphs (c)(3)(i)(D) and (d)(4) of this section, including an amended State budget. Requests to amend the budget authorization approved by FNS shall be submitted to FNS prior to claiming such expenses. (k) Access to the system and records. Access to the system in all aspects, including but not limited to design, development, and operation, including work performed by any source, and including cost records of contractors and subcontractors, shall be made available by the State agency to FNS or its authorized representatives at VerDate Mar<15>2010 16:06 Aug 22, 2011 Jkt 223001 intervals as are deemed necessary by FNS, in order to determine whether the conditions for approval are being met and to determine the efficiency, economy and effectiveness of the system. Failure to provide full access to all parts of the system may result in suspension and/or termination of SNAP funds for the costs of the system and its operation. (l) Ownership rights—(1) Software.— (i) The State or local government shall include a clause in all procurement instruments which provides that the State or local government shall have all ownership rights in any software or modifications thereof and associated documentation designed, developed or installed with FFP under this section. (ii) FNS reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use for Federal Government purposes, such software, modifications, and documentation. (iii) Proprietary operating/vendor software packages which meet the definition of COTS at paragraph 277.18(b) shall not be subject to the ownership provisions in paragraphs (l)(1)(i) and (ii) of this section. FFP is not available for development costs for proprietary application software developed specifically for SNAP. (2) Information Systems equipment. The policies and procedures governing title, use and disposition of property purchased with FFP, which appear at § 277.13 (property) are applicable to IS equipment. (m) Information system security requirements and review process—(1) Information system security requirements. State and local agencies are responsible for the security of all IS projects under development, and operational systems involved in the administration of SNAP. State and local agencies shall determine appropriate IS security requirements based on recognized industry standards or compliance with standards governing security of Federal information systems and information processing. (2) Information security program. State agencies shall implement and maintain a comprehensive IS Security Program for IS and installations involved in the administration of the SNAP. IS Security Programs shall include the following components: (i) Determination and implementation of appropriate security requirements as prescribed in paragraph (m)(1) of this section. (ii) Establishment of a security plan and, as appropriate, policies and PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 52593 procedures to address the following areas of IS security: (A) Physical security of IS resources; (B) Equipment security to protect equipment from theft and unauthorized use; (C) Software and data security; (D) Telecommunications security; (E) Personnel security; (F) Contingency plans to meet critical processing needs in the event of shortor long-term interruption of service; (G) Emergency preparedness; and (H) Designation of an Agency IS Security Manager. (iii) Periodic risk analyses. State agencies shall establish and maintain a program for conducting periodic risk analyses to ensure that appropriate, cost-effective safeguards are incorporated into new and existing systems. In addition, risk analyses shall be performed whenever significant system changes occur. (3) IS security reviews. State agencies shall review the security of IS involved in the administration of SNAP on a biennial basis. At a minimum, the reviews shall include an evaluation of physical and data security, operating procedures, and personnel practices. State agencies shall maintain reports of their biennial IS security reviews, together with pertinent supporting documentation, for Federal review upon request. (4) Applicability. The security requirements of this section apply to all IS systems used by State and local governments to administer SNAP. Dated: August 10, 2011. Audrey Rowe, Administrator, Food and Nutrition Service. [FR Doc. 2011–20796 Filed 8–22–11; 8:45 am] BILLING CODE 3410–30–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2011–0596; Directorate Identifier 2008–SW–37–AD] RIN 2120–AA64 Airworthiness Directives; Eurocopter Canada Ltd. Model BO 105 LS A–3 Helicopters Federal Aviation Administration, DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: This document proposes superseding an existing airworthiness directive (AD) for Eurocopter Canada SUMMARY: E:\FR\FM\23AUP1.SGM 23AUP1 52594 Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Proposed Rules srobinson on DSK4SPTVN1PROD with PROPOSALS Ltd. Model BO 105 LS A–3 helicopters. That AD currently requires establishing a life limit for certain tension-torsion (TT) straps. This action would require reducing the ‘‘number of flights’’ life limit and providing a time-in-service (TIS) life limit for those TT straps. This proposal is prompted by a recalculation by the manufacturer and subsequent changes to the service information related to the retirement time of the TT strap initially adopted as a result of an accident in which a main rotor blade (blade) separated from a Eurocopter Deutschland GMBH (ECD) Model MBB– BK 117 helicopter due to fatigue failure of a TT strap. The same part-numbered TT strap is used on Model BO 105 LS A–3 helicopters. The actions specified by the proposed AD are intended to prevent fatigue failure of a TT strap, loss of a blade, and subsequent loss of control of the helicopter. DATES: Comments must be received on or before October 24, 2011. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD: • 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, TX 75053– 4005, telephone (972) 641–3460, fax (972) 641–3527, or at http:// www.eurocopter.com. FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222–5122, 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 caption ADDRESSES. Include the ‘‘Docket No. FAA–2011–0596; Directorate Identifier 2008–SW–37–AD’’ at the beginning of your comments. We specifically invite VerDate Mar<15>2010 16:06 Aug 22, 2011 Jkt 223001 comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the 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 with FAA personnel concerning this proposed rulemaking. Using the search function of the docket web site, you can find and read the comments to any of our dockets, including the name of the individual who sent or signed the comment. You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Examining the Docket You may examine the docket that contains the proposed AD, any comments, and other information 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 Docket Operations office (telephone (800) 647–5527) is located in Room W12–140 on the ground floor of the West Building at the street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. Discussion On September 5, 2000, we issued superseding AD 2000–18–13, Amendment 39–11899 (65 FR 55452, September 14, 2000), to establish a life limit for TT strap, part number (P/N) 2604067 (Bendix) or P/N J17322–1 (Lord), of 120 months or 40,000 flights, whichever occurs first. That action was prompted by an accident in July 1999 in which a blade separated from a Eurocopter Deutschland GMBH (ECD) Model MBB–BK 117 helicopter due to fatigue failure of a TT strap. The same part-numbered TT strap is also used on the Eurocopter Canada Ltd. Model BO 105 LS A–3 helicopters. The requirements of that AD are intended to prevent failure of a TT strap, loss of a blade, and subsequent loss of control of the helicopter. Since issuing that AD, the manufacturer has recalculated the retirement time, provided a time-inservice (TIS) limit, and issued revised service information related to the life limit of the TT strap. Transport Canada, which is the aviation authority for Canada, has PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 issued Canadian AD No. CF–2008– 17R1, dated May 26, 2008, to correct an unsafe condition for the Eurocopter Canada Ltd. (formerly MBB Canada Ltd.) Model BO 105–LS–A3 helicopters. Transport Canada advises that ‘‘the tension-torsion strap (TTS) failure on a MBB BK 117 helicopter in July 1999, initiated a TTS service life recalculation. This recalculation changed the retirement time in Chapter 4 of Maintenance Manual. As a result of this change, the TTS in service are to be replaced or inspected as a precautionary measure, pending already accumulated service hours and the calendar time since their last installation.’’ Since the issuance of the Transport Canada AD, the type certificate for this helicopter model has been transferred to the Federal Republic of Germany. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Federal Republic of Germany, has adopted Transport Canada AD No. CF–2008–17R1, dated May 26, 2008, and requires compliance with that AD. Related Service Information Eurocopter Canada Limited issued Alert Service Bulletin No. ASB–BO 105 LS–10–10, Revision 1, dated January 8, 2008 (ASB). The ASB describes procedures for determining the total accumulated installation time and factoring the number of flights on each TT strap. The ASB also describes and contains a graph for determining the revised life limit, and provides various compliance intervals, inspection provisions, and replacement criteria for the TT strap. The previously described ASB specifies procedures for determining the total accumulated installation time and number of flights on TT strap, P/N 2604067 (Bendix) or P/N J17322–1 (Lord). The ASB also describes establishing a revised life limit for the TT strap of 120 months, 25,000 flights, or 3,800 hours, whichever occurs first. Transport Canada classified this alert service bulletin as mandatory and issued AD No. CF–2008–17R1, dated May 26, 2008, to ensure the continued airworthiness of these helicopters. EASA, the Technical Agent for the current type certificate holder, the Federal Republic of Germany, has adopted and requires compliance with Transport Canada AD No. CF–2008–17R1, dated May 26, 2008. FAA’s Evaluation and Unsafe Condition Determination This helicopter has been approved by the aviation authority of the Federal Republic of Germany and is approved for operation in the United States. Pursuant to our bilateral agreement with E:\FR\FM\23AUP1.SGM 23AUP1 Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Proposed Rules the Federal Republic of Germany, EASA, their technical representative, has notified us of the unsafe condition described in the Transport Canada AD, which has been adopted by EASA. We are proposing this AD because we evaluated all information provided by EASA and Transport Canada and determined the unsafe condition exists and is likely to exist or develop on other helicopters of the same type design. This proposed AD would require establishing a revised life limit for TT strap, P/N 2604067 (Bendix) or P/N J17322–1 (Lord), of 120 months, 25,000 flights, or 3,800 hours time-inservice (TIS), whichever occurs first. Differences Between This Proposed AD and the Transport Canada AD Our AD differs from the Transport Canada AD as follows: • The Transport Canada AD uses the terms ‘‘air time hours’’ and ‘‘flight hours’’ to describe compliance times, and this proposed AD uses the term ‘‘hours time-in-service’’. • The Transport Canada AD requires inspections for tension-torsion straps that have an accumulated installation time of 10 or more years, and our AD does not require these inspections. • The Transport Canada AD requires verifying and establishing a new service life for the tension-torsion straps within the next 25 hours TIS, and this AD requires this to be done before further flight. Costs of Compliance We estimate that this proposed AD would affect 13 helicopters of U.S. registry and the proposed actions would take about 15 work hours per helicopter to accomplish at an average labor rate of $85 per work hour. Required parts would cost about $13,867 per helicopter. Based on these figures, we estimate the total cost impact of the proposed AD on U.S. operators to be $196,846 to replace all the affected TT straps in the entire fleet. srobinson on DSK4SPTVN1PROD with PROPOSALS Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. Additionally, 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 that the proposed regulation: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; VerDate Mar<15>2010 16:06 Aug 22, 2011 Jkt 223001 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. See the AD docket to examine the economic evaluation. 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, 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. Section 39.13 is amended by removing Amendment 39–11899 (65 FR 55452; September 14, 2000), and adding the following new airworthiness directive (AD): EUROCOPTER CANADA LTD.: Docket No. FAA–2011–0596; Directorate Identifier 2008–SW–37–AD. Supersedes AD 2000– 18–13; Amendment 39–11899; Docket No. 99–SW–68–AD. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 52595 Applicability: Model BO 105 LS A–3 helicopters, with tension-torsion (TT) strap, part number (P/N) 2604067 (Bendix) or J17322–1 (Lord), installed, certificated in any category. Compliance: Required as indicated, unless accomplished previously. To prevent fatigue failure of a TT strap, loss of a main rotor blade, and subsequent loss of control of the helicopter accomplish the following: (a) Before further flight: (1) Create a component log card or equivalent record for each TT strap. (2) Review the history of each helicopter and TT strap. Determine the age since initial installation on any helicopter (age) and the number of flights on each affected TT strap. Enter the age, hours time-in-service (TIS), and the number of flights for each TT strap on the component log card or equivalent record. When the number of flights is unknown, multiply the number of hours TIS by 5 to determine the number of flights. If a TT strap has been previously used at any time on Model BO–105LS A–3 ‘SUPER LIFTER’’, BO–105 CB–5, BO–105 CBS–5, BO–105 DBS–5, or any MBB–BK 117 series helicopter, multiply the total number of flights accumulated on those other models by a factor of 1.6 and then add that result to the number of flights accumulated on the helicopters affected by this AD. (3) Remove any TT strap from service if the total hours TIS or number of flights and age cannot be determined. (b) Remove any TT strap, P/N 2604067 (Bendix) or P/N J17322–1 (Lord), that has been in service for 120 months since initial installation on any helicopter, or has accumulated 25,000 flights (a flight is a takeoff and a landing), or has been in service for 3,800 hours TIS. (c) This AD revises the Airworthiness Limitations Section of the maintenance manual by establishing a revised life limit for the TT strap, P/N 2604067 (Bendix) or P/N J17322–1 (Lord), of 120 months, 25,000 flights, or 3,800 hours TIS, whichever occurs first. Note 1: Eurocopter Canada Limited Alert Service Bulletin No. ASB–BO 105 LS–10–10, Revision 1, dated January 8, 2008, which is not incorporated by reference, contains additional information about the subject of this AD. (d) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Safety Management Group, FAA, ATTN: Sharon Miles, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222–5122, fax (817) 222–5961, for information about previously approved alternative methods of compliance. (e) The Joint Aircraft System/Component (JASC) Code is 6200: Main Rotor System. Note 2: The subject of this AD is addressed in Transport Canada (Canada) AD No. CF– 2008–17R1, dated May 26, 2008. The European Aviation Safety Agency, which is the Technical Agent for the current type certificate holder, the Federal Republic of E:\FR\FM\23AUP1.SGM 23AUP1 52596 Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Proposed Rules Germany, has adopted and requires compliance with the Transport Canada AD. Issued in Fort Worth, Texas, on June 3, 2011. Kim Smith, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2011–21472 Filed 8–22–11; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 Proposed Establishment of Class C Airspace for Long Beach, CA; Public Meetings Federal Aviation Administration (FAA), DOT. ACTION: Notice of meetings. AGENCY: This notice announces two fact-finding informal airspace meetings to solicit information from airspace users and others, concerning a proposal to establish Class C airspace at Long Beach, CA. The purpose of these meetings is to provide interested parties an opportunity to present views, recommendations, and comments on the proposal. All comments received during these meetings will be considered prior to any issuance of a notice of proposed rulemaking. DATES: The informal airspace meetings will be held on October 25 and 26, 2011. Meetings will run from 6 p.m. until 9 p.m. Comments must be received on or before December 12, 2011. ADDRESSES: The meetings will be held at the Holiday Inn Long Beach Airport, 2640 N. Lakewood Blvd., Long Beach, CA 90815, 562–597–4401. Comments: Send comments on the proposal, in triplicate, to: John Warner, Operations Support Group, AJV–W2, Western Service Area, Air Traffic Organization, Federal Aviation Administration, 1601 Lind Avenue, SW., Renton, WA 98057. FOR FURTHER INFORMATION CONTACT: Pat Anderson (838) 537–5847 or Rick Pfahler, (858) 537–5830, FAA Support Managers, Southern California TRACON, 9175 Kearny Villa Road, San Diego, CA 92126: SUPPLEMENTARY INFORMATION: srobinson on DSK4SPTVN1PROD with PROPOSALS SUMMARY: FAA will present a briefing on the proposed establishment of Class C airspace at Long Beach, CA. Each participant will be given an opportunity to deliver comments or make a presentation, although a time limit may be imposed. Only comments concerning the proposal to establish Long Beach Class C airspace will be accepted. (b) The meetings will be open to all persons on a space-available basis. There will be no admission fee or other charge to attend and participate. (c) Any person wishing to make a presentation to the FAA panel will be asked to sign in and estimate the amount of time needed for such presentation. This will permit the panel to allocate an appropriate amount of time for each presenter. These meetings will not be adjourned until everyone on the list has had an opportunity to address the panel. (d) Position papers or other handout material relating to the substance of these meetings will be accepted. Participants wishing to submit handout material should present an original and two copies (3 copies total) to the presiding officer. There should be additional copies of each handout available for other attendees. (e) These meetings will not be formally recorded. However, a summary of comments made at the meetings will be filed in the docket. Agenda for the Meetings —Sign-in. —Presentation of meeting procedures. —FAA briefing on the proposed establishment of the Class C Airspace Area. —Solicitation of public comments. —Closing comments. Issued in Washington, DC, on August 16, 2011. Gary A. Norek, Acting Manager, Airspace, Regulations and ATC Procedures Group. [FR Doc. 2011–21424 Filed 8–22–11; 8:45 am] BILLING CODE 4910–13–P Meeting Procedures (a) Doors open 30 minutes prior to the beginning of each meeting. The meetings will be informal in nature and will be conducted by one or more representatives of the FAA Western Service Area. A representative from the VerDate Mar<15>2010 16:06 Aug 22, 2011 Jkt 223001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 FEDERAL TRADE COMMISSION 16 CFR Parts 239, 700, 701, 702 and 703 Request for Comment Concerning Interpretations of the Magnuson-Moss Warranty Act; Rule Governing Disclosure of Written Consumer Product Warranty Terms and Conditions; Rule Governing Pre-Sale Availability of Written Warranty Terms; Rule Governing Informal Dispute Settlement Procedures; and Guides for the Advertising of Warranties and Guarantees Federal Trade Commission. Request for public comment. AGENCY: ACTION: As part of its systematic review of all Federal Trade Commission (‘‘AFTC’’ or ‘‘Commission’’) rules and guides, the FTC seeks public comment on a set of warranty-related Interpretations, Rules and Guides: its Interpretations of the Magnuson-Moss Warranty Act (‘‘Interpretations’’ or ‘‘Rule 700’’); its Rule Governing Disclosure of Written Consumer Product Warranty Terms and Conditions (‘‘Rule 701’’); its Rule Governing Pre-Sale Availability of Written Warranty Terms (‘‘Rule 702’’); its Rule Governing Informal Dispute Settlement Procedures (‘‘Rule 703’’); and its Guides for the Advertising of Warranties and Guarantees (‘‘Guides’’). The Commission requests public comment on the overall costs, benefits, necessity and regulatory and economic impact of these Interpretations, Rules and Guides. DATES: Written comments must be received on or before October 24, 2011. ADDRESSES: Interested parties may file a comment online or on paper by following the instructions in the Request for Comment portion of the SUPPLEMENTARY INFORMATION section below. Write ‘‘Magnuson-Moss Warranty Act Rule Review, 16 CFR Part 700, P114406,’’ on your comment, and file your comment online at https:// ftcpublic.commentworks.com/ftc/ warrantyrulesanprm by following the instructions on the Web-based form. If you prefer to file your comment on paper, mail or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Room H–113 (Annex G), 600 Pennsylvania Avenue, NW., Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Svetlana S. Gans, Attorney, Division of Marketing Practices, Bureau of Consumer Protection, Federal Trade Commission, H–286, 600 Pennsylvania SUMMARY: E:\FR\FM\23AUP1.SGM 23AUP1

Agencies

[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Proposed Rules]
[Pages 52593-52596]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21472]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0596; Directorate Identifier 2008-SW-37-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter Canada Ltd. Model BO 105 LS 
A-3 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes superseding an existing airworthiness 
directive (AD) for Eurocopter Canada

[[Page 52594]]

Ltd. Model BO 105 LS A-3 helicopters. That AD currently requires 
establishing a life limit for certain tension-torsion (TT) straps. This 
action would require reducing the ``number of flights'' life limit and 
providing a time-in-service (TIS) life limit for those TT straps. This 
proposal is prompted by a recalculation by the manufacturer and 
subsequent changes to the service information related to the retirement 
time of the TT strap initially adopted as a result of an accident in 
which a main rotor blade (blade) separated from a Eurocopter 
Deutschland GMBH (ECD) Model MBB-BK 117 helicopter due to fatigue 
failure of a TT strap. The same part-numbered TT strap is used on Model 
BO 105 LS A-3 helicopters. The actions specified by the proposed AD are 
intended to prevent fatigue failure of a TT strap, loss of a blade, and 
subsequent loss of control of the helicopter.

DATES: Comments must be received on or before October 24, 2011.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD:
     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, 
TX 75053-4005, telephone (972) 641-3460, fax (972) 641-3527, or at 
http://www.eurocopter.com.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group, 
2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5122, 
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 caption ADDRESSES. Include the ``Docket No. FAA-2011-
0596; Directorate Identifier 2008-SW-37-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
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 
with FAA personnel concerning this proposed rulemaking. Using the 
search function of the docket web site, you can find and read the 
comments to any of our dockets, including the name of the individual 
who sent or signed the comment. You may review the DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477-78).

Examining the Docket

    You may examine the docket that contains the proposed AD, any 
comments, and other information 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 Docket Operations office (telephone (800) 647-5527) is 
located in Room W12-140 on the ground floor of the West Building at the 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

Discussion

    On September 5, 2000, we issued superseding AD 2000-18-13, 
Amendment 39-11899 (65 FR 55452, September 14, 2000), to establish a 
life limit for TT strap, part number (P/N) 2604067 (Bendix) or P/N 
J17322-1 (Lord), of 120 months or 40,000 flights, whichever occurs 
first. That action was prompted by an accident in July 1999 in which a 
blade separated from a Eurocopter Deutschland GMBH (ECD) Model MBB-BK 
117 helicopter due to fatigue failure of a TT strap. The same part-
numbered TT strap is also used on the Eurocopter Canada Ltd. Model BO 
105 LS A-3 helicopters. The requirements of that AD are intended to 
prevent failure of a TT strap, loss of a blade, and subsequent loss of 
control of the helicopter.
    Since issuing that AD, the manufacturer has recalculated the 
retirement time, provided a time-in-service (TIS) limit, and issued 
revised service information related to the life limit of the TT strap.
    Transport Canada, which is the aviation authority for Canada, has 
issued Canadian AD No. CF-2008-17R1, dated May 26, 2008, to correct an 
unsafe condition for the Eurocopter Canada Ltd. (formerly MBB Canada 
Ltd.) Model BO 105-LS-A3 helicopters. Transport Canada advises that 
``the tension-torsion strap (TTS) failure on a MBB BK 117 helicopter in 
July 1999, initiated a TTS service life recalculation. This 
recalculation changed the retirement time in Chapter 4 of Maintenance 
Manual. As a result of this change, the TTS in service are to be 
replaced or inspected as a precautionary measure, pending already 
accumulated service hours and the calendar time since their last 
installation.''
    Since the issuance of the Transport Canada AD, the type certificate 
for this helicopter model has been transferred to the Federal Republic 
of Germany. The European Aviation Safety Agency (EASA), which is the 
Technical Agent for the Federal Republic of Germany, has adopted 
Transport Canada AD No. CF-2008-17R1, dated May 26, 2008, and requires 
compliance with that AD.

Related Service Information

    Eurocopter Canada Limited issued Alert Service Bulletin No. ASB-BO 
105 LS-10-10, Revision 1, dated January 8, 2008 (ASB). The ASB 
describes procedures for determining the total accumulated installation 
time and factoring the number of flights on each TT strap. The ASB also 
describes and contains a graph for determining the revised life limit, 
and provides various compliance intervals, inspection provisions, and 
replacement criteria for the TT strap. The previously described ASB 
specifies procedures for determining the total accumulated installation 
time and number of flights on TT strap, P/N 2604067 (Bendix) or P/N 
J17322-1 (Lord). The ASB also describes establishing a revised life 
limit for the TT strap of 120 months, 25,000 flights, or 3,800 hours, 
whichever occurs first. Transport Canada classified this alert service 
bulletin as mandatory and issued AD No. CF-2008-17R1, dated May 26, 
2008, to ensure the continued airworthiness of these helicopters. EASA, 
the Technical Agent for the current type certificate holder, the 
Federal Republic of Germany, has adopted and requires compliance with 
Transport Canada AD No. CF-2008-17R1, dated May 26, 2008.

FAA's Evaluation and Unsafe Condition Determination

    This helicopter has been approved by the aviation authority of the 
Federal Republic of Germany and is approved for operation in the United 
States. Pursuant to our bilateral agreement with

[[Page 52595]]

the Federal Republic of Germany, EASA, their technical representative, 
has notified us of the unsafe condition described in the Transport 
Canada AD, which has been adopted by EASA. We are proposing this AD 
because we evaluated all information provided by EASA and Transport 
Canada and determined the unsafe condition exists and is likely to 
exist or develop on other helicopters of the same type design. This 
proposed AD would require establishing a revised life limit for TT 
strap, P/N 2604067 (Bendix) or P/N J17322-1 (Lord), of 120 months, 
25,000 flights, or 3,800 hours time-in-service (TIS), whichever occurs 
first.

Differences Between This Proposed AD and the Transport Canada AD

    Our AD differs from the Transport Canada AD as follows:
     The Transport Canada AD uses the terms ``air time hours'' 
and ``flight hours'' to describe compliance times, and this proposed AD 
uses the term ``hours time-in-service''.
     The Transport Canada AD requires inspections for tension-
torsion straps that have an accumulated installation time of 10 or more 
years, and our AD does not require these inspections.
     The Transport Canada AD requires verifying and 
establishing a new service life for the tension-torsion straps within 
the next 25 hours TIS, and this AD requires this to be done before 
further flight.

Costs of Compliance

    We estimate that this proposed AD would affect 13 helicopters of 
U.S. registry and the proposed actions would take about 15 work hours 
per helicopter to accomplish at an average labor rate of $85 per work 
hour. Required parts would cost about $13,867 per helicopter. Based on 
these figures, we estimate the total cost impact of the proposed AD on 
U.S. operators to be $196,846 to replace all the affected TT straps in 
the entire fleet.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. Additionally, 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 that the 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. See the AD docket to examine the economic 
evaluation.

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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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. Section 39.13 is amended by removing Amendment 39-11899 (65 FR 
55452; September 14, 2000), and adding the following new airworthiness 
directive (AD):

EUROCOPTER CANADA LTD.: Docket No. FAA-2011-0596; Directorate 
Identifier 2008-SW-37-AD. Supersedes AD 2000-18-13; Amendment 39-
11899; Docket No. 99-SW-68-AD.

    Applicability: Model BO 105 LS A-3 helicopters, with tension-
torsion (TT) strap, part number (P/N) 2604067 (Bendix) or J17322-1 
(Lord), installed, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue failure of a TT strap, loss of a main rotor 
blade, and subsequent loss of control of the helicopter accomplish 
the following:
    (a) Before further flight:
    (1) Create a component log card or equivalent record for each TT 
strap.
    (2) Review the history of each helicopter and TT strap. 
Determine the age since initial installation on any helicopter (age) 
and the number of flights on each affected TT strap. Enter the age, 
hours time-in-service (TIS), and the number of flights for each TT 
strap on the component log card or equivalent record. When the 
number of flights is unknown, multiply the number of hours TIS by 5 
to determine the number of flights. If a TT strap has been 
previously used at any time on Model BO-105LS A-3 `SUPER LIFTER'', 
BO-105 CB-5, BO-105 CBS-5, BO-105 DBS-5, or any MBB-BK 117 series 
helicopter, multiply the total number of flights accumulated on 
those other models by a factor of 1.6 and then add that result to 
the number of flights accumulated on the helicopters affected by 
this AD.
    (3) Remove any TT strap from service if the total hours TIS or 
number of flights and age cannot be determined.
    (b) Remove any TT strap, P/N 2604067 (Bendix) or P/N J17322-1 
(Lord), that has been in service for 120 months since initial 
installation on any helicopter, or has accumulated 25,000 flights (a 
flight is a takeoff and a landing), or has been in service for 3,800 
hours TIS.
    (c) This AD revises the Airworthiness Limitations Section of the 
maintenance manual by establishing a revised life limit for the TT 
strap, P/N 2604067 (Bendix) or P/N J17322-1 (Lord), of 120 months, 
25,000 flights, or 3,800 hours TIS, whichever occurs first.

    Note 1:  Eurocopter Canada Limited Alert Service Bulletin No. 
ASB-BO 105 LS-10-10, Revision 1, dated January 8, 2008, which is not 
incorporated by reference, contains additional information about the 
subject of this AD.

    (d) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Contact the Manager, Safety Management Group, FAA, ATTN: Sharon 
Miles, Aviation Safety Engineer, FAA, Rotorcraft Directorate, 
Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas 
76137, telephone (817) 222-5122, fax (817) 222-5961, for information 
about previously approved alternative methods of compliance.
    (e) The Joint Aircraft System/Component (JASC) Code is 6200: 
Main Rotor System.

    Note 2:  The subject of this AD is addressed in Transport Canada 
(Canada) AD No. CF-2008-17R1, dated May 26, 2008. The European 
Aviation Safety Agency, which is the Technical Agent for the current 
type certificate holder, the Federal Republic of

[[Page 52596]]

Germany, has adopted and requires compliance with the Transport 
Canada AD.


    Issued in Fort Worth, Texas, on June 3, 2011.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2011-21472 Filed 8-22-11; 8:45 am]
BILLING CODE 4910-13-P